23 August 2006
Chink of light for high hedge victims
The prospect of a new law to control the problem of high hedges is a step closer to the statute book. In light of public response to the contents of the draft law, Planning and Environment Minister, Senator Freddie Cohen, has now issued a revised version of the law which he hopes will be debated by the States in the autumn.
The draft law was the subject of consultation earlier this year the outcome of which has now been considered by Planning Minister Senator Freddie Cohen. There have been some minor changes to the draft law as a result of the consultation – which are mainly about whether all the provisions of the law should apply to Crown land – and it will now be progressed to its next step.
“I am committed to moving this forward as quickly as possible and to bring the matter before the States” said Senator Cohen. “Many Islanders whose homes and gardens are affected by high hedges have had to endure another dark summer. I am determined to address this problem. High hedges can cause misery and the introduction of a new law will give me the tools mitigate the problem” he said.
The draft law has now been referred to the Law Officer’s Department to make sure that it accords with the principles of Human Rights legislation and to establish the appropriate level of fine for any breach of the law. HM Receiver General will also be asked to consider the implications of the draft law for Crown land.
Once these matters have been addressed, the draft law will be lodged for debate.
Full details of the draft law and the response to consultation are available from the States of Jersey website.
Overview of the draft law
The draft law creates a new procedure for dealing with complaints about high hedges. This process would be administered by the Planning and Environment Department on behalf of the Minister.
Complaining to the department would be a last resort. People should have tried to solve their hedge problems by negotiation with their neighbours before approaching the Planning and Environment Department. If they haven’t done this, their complaint could be rejected.
What complaints can be considered?
If someone is not able to settle their hedge dispute amicably, they could take their complaint to the Planning and Environment Department provided that:
the hedge in question is formed wholly or predominantly by a line of two or more evergreen or semi-evergreen trees or shrubs;
- it is more than two metres high;
- the hedge acts, to some degree, as a barrier to light; and
- because of its height, it is adversely affecting the complainant’s reasonable enjoyment of their home or garden.
How would complaints be dealt with?
The Planning and Environment Department would be able to charge a fee, to be paid by the person bringing the complaint.
In each case, the Minister for Planning and Environment would decide, in the first place, whether the height of the hedge was adversely affecting the complainant’s reasonable enjoyment of their property by virtue of its affect on light. If so, the Minister would then consider what, if any, action should be taken to the hedge in order to remedy the adverse effect and to prevent it happening again.
In reaching a decision, the Minister for Planning and Environment would take into account all relevant factors, including the comments of the hedge owner and the contribution of the hedge to the wider amenity of the area.
Remedies
If the Minister decided that action should be taken to resolve the complaint, the Planning and Environment Department would issue a formal notice setting out what must be done and by when. This could well include long-term maintenance of the hedge at a lower height, but could not involve reducing the height of the hedge below two metres, or the hedge’s removal.
This would be known as a ‘remedial notice’. It would be binding not only on whoever was the owner or occupier of the land where the hedge was situated at the time the notice was issued but also on anyone who subsequently bought or lived in the property.
Appeals
Both the hedge owners and complainants would have rights of appeal against the Minister for Planning and Environment’s decision. Appeals would have to be made to the Royal Court within 28 days of learning the Minister’s decision.
Contacts
Senator Freddie Cohen 07797 714550
Minister for Planning and Environment
gov.je