STATES OF JERSEY

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DRAFT HIGH HEDGES (JERSEY) LAW 200- (p.51/2007): amendment

 

Lodged au Greffe on 19th June 2007
by Deputy A.J.H. Maclean of St. Helier

 

 

 

STATES GREFFE

DRAFT HIGH HEDGES (JERSEY) LAW 200- (P.51/2007): AMENDMENTS

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PAGE 17, ARTICLE 7 –

 

            In Article 7, for paragraph (4) substitute the following paragraphs –

 

“(4)      The Minister may not, by a remedial notice, require –

(a)        in the case of a hedge that existed before residential development was carried out on the land of the complainant, the hedge to be removed or to be reduced to a height of less than 4 metres above ground level; or

(b)        in any other case, the hedge to be removed or to be reduced to a height of less than 2 metres above ground level.

(5)        If a hedge to which paragraph (4)(a) applies reaches the end of its life and is replaced, that paragraph shall apply to the replacement hedge as if it were the original hedge

(6)        The Minister may not, by a remedial notice, require anything to be done by a date that is sooner than 28 days after a copy of the notice has been sent to each person who is the owner or occupier of the neighbouring land.”

 

            Renumber paragraph (5) as paragraph (7).

 

 

 

DEPUTY A.J.H. MACLEAN OF ST. HELIER

 

REPORT

 

I support the principle of the Draft High Hedges (Jersey) Law 200- but invite members to consider this small amendment which seeks to address my perception of a minor flaw in the proposed law. This amendment will protect the value and enjoyment of a property where a high hedge pre-exists a new residential development built on adjoining land. In such circumstances it would discourage a developer from building too close to a boundary where loss of light or enjoyment of the 'new build' property might be deemed an issue. A purchaser of the 'new build' would only choose to acquire the property in the full knowledge of the boundary limitation where an existing hedge is in situ. The existing hedge would be limited to a maximum height of 4 metres in the above circumstances.

 

 

Financial and manpower statement

 

There are no resource or manpower implications arising from this amendment.