Remedial Notice - 18/02317/HIGHHS
Important - This communication affects your property
Anti Social Behaviour Act 2003 under section 69
Remedial Notice - 18/02317/HIGHHS
Served by: North Northamptonshire Council
To: Dean House, 267 Wellingborough Road, Rushden, Northamptonshire, NN10 9XN
1. This notice
is Issued pursuant to a complaint made to the Council under Part 8 of the Act by the Owner of the domestic property known as 2 Gravely Street, Rushden ("the Complainant Property) about the hedge specified within paragraph 1 of this Notice ("the Hedge").
2. Hedge to which this notice relates
The hedge (H1) is located on the rear southwestern boundary of 267 Wellingborough Road ("the Land·), Which borders 2 Gravely Close on its North Eastern boundary.
The hedge comprises of a line of predominantly evergreen or semi-evergreen trees that are approximately 10 meters in height has an effective length on 10.4m along the boundary of 2 Gravely Street. The hedge does not directly affect any other properties.
3. What action must be taken in relation to the hedge
3.1 Initial cut for the hedge
The initial cut heights should be made to 5.5m and 2m from the base of each stem (North and south respectively) to allow for some annual regrowth and pruning to establish a defined crown shape.
3.2 Action height for the hedge
The· OPDM leaflet 'Hedge Height and Light Loss', produced by the BRE aims to provide an objective method for assessing whether high hedges block too much daylight and sunlight to adjoining properties. It is this guidance which leads the Council to Action Hedge Heights of 6.2m and 2.4m (North and south sides of the hedge respectively) for the length of hedge running along the complainant's boundary, which is approximately 10.4m metres long.
4. The period for compliance with part 3.2 of this notice
The initial cut should be undertaken within a 28-day period, commencing on 'The Operative Date', 28 days after the notice Is served.
5. When this notice takes effect
This Notice takes effect 9 September 2019 unless an appeal is made against It beforehand.
6. Failure to comply with this notice
Under sections 75 and 77 of the Act, failure by any person who, at the relevant time, is an owner or occupier of any land where the length of hedge specified in paragraph 2 above is situated:
- to take the action specified In paragraph 3.1 above within the period for compliance specified in paragraph 4
- to take the preventative action specified in paragraph 3.2 above by any time stated there,
may result in prosecution in the Magistrates Court with a fine of up to £1,000, and the court could issue an order for compliance within a specified time. Failure to comply following conviction for such an offence would be a further offence and may result in a further prosecution, again with a fine of up to £1,000 and a daily fine for every day the work has not been done. The Council also has power, in these circumstances, to enter the land where the hedge is situated and carry out the specified works. The Council may use these powers whether or not a prosecution is brought. The costs of such works will be recovered from the owner or occupier of the land.
Date: 12 July 2019
Signed: Head of Planning
On behalf of:
North Northamptonshire Council
Your right to appeal
The complainant and everyone who is an owner or occupier of the land where the hedge is situated can appeal to the Planning Inspectorate against the issue of the remedial notice. Further information is available online at GOV.UK
Appealing against the Council's decision
An appeal must be submitted to the Planning Inspectorate, on their official form, within 28 days from the date of the notice. The form is available on GOV.UK or from: Environment Appeals Room 3A Eagle Wing Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN.
Email: [email protected]
An appeal can be made on any one or more of the following grounds:
- that the action specified in the remedial notice falls short of what is needed to remedy the adverse effect of the hedge or to prevent it recurring;
- that, contrary to the decision of the Council, the hedge in question is not adversely affecting the complainant's reasonable enjoyment of their property;
- that the action specified in the remedial notice exceeds what is reasonably necessary or appropriate to remedy the adverse effect of the hedge or to prevent it recurring;
- that not enough time has been allowed to carry out the works set out in the notice.
The remedial notice will be suspended while any appeal is being determined.
Last updated 31 July 2023