Reason(s) for Decision: To ensure that the owners of the neighbouring property Melsar are not adversely affected by the Holly and Leylandii boundary hedges and can reasonably enjoy their property. 1. Initial Action Reduce the height of the Holly (Ilex Aquifolium) (‘the hedge’) along the south west boundary of Melsar to a height not exceeding 3 metres above ground level. Reason The hedge is required to be reduced to this maximum height to reduce the problems caused by it, whereby it adversely affects the level of daylight enjoyed by the Complainant, whilst ensuring the survival of the hedge. Reduce the height of the Leylandii (Cupressocyparis Leylandii) (‘the hedge’) along the north west boundary of Melsar to a height not exceeding 4.2 metres above ground level. Reason The hedge is required to be reduced to this maximum height to reduce the problems caused by it, whereby it adversely affects the level of daylight enjoyed by the Complainant, whilst ensuring the survival of the hedge. 2. Preventative Action The Holly (Ilex Aquifolium) (‘the hedge’) shall be maintained as such that at no time does it exceed a height of 3.5 metres above ground level. Reason To ameliorate the impact of the hedge upon the adjacent property whilst seeking to ensure the survival of the hedge. The Leylandii (Cupressocyparis Leylandii) (‘the hedge’) shall be maintained annually and reduced to a height of 4.2 metres above ground level on an annual basis. Reason To ameliorate the impact of the hedge upon the adjacent property whilst seeking to ensure the survival of the hedge. 3. Time for Compliance The Initial Action (1) shall be complied with in full within three months of the date when this Notice comes into effect. Reason To provide a reasonable period of time within which the Initial Action may be carried out. INFORMATIVE: All works should be carried out in accordance with good arboricultural practice BS3998: ‘Recommendations for Tree Work’. It is recommended that skilled contractors are employed to carry out this specialist work. Notwithstanding the time frame set out above the applicant’s attention is drawn to the comments set out by the Natural Environment dated 15th October 2013 which state the following: If a tree or hedgerow is to be removed, heavily pruned or pollarded during the bird and squirrel breeding season (March to September inclusive) then the tree/hedgerow should be first checked by a competent person (such as a tree surgeon) to determine the presence of any nests that are in use. If any nests are found then work should halt immediately and the Department of the Environment contacted. This is to avoid any accidental infringement of the Conservation of Wildlife (Jersey) Law 2000. |