Brimacombe -v- Minister for Planning [2011] JRC 132 (06 July 2011)

Brimacombe -v- Minister for Planning [2011] JRC 132 (06 July 2011)

The Court, conducting a de novo review, found that the Minister correctly balanced the complainant's right to reasonable enjoyment of her property against the environmental and aesthetic considerations, and that the Holm oak trees constituted a 'high hedge' under the Law. The remedial notice was justified and lawful.

Citation
[2011] JRC 132
Parties
Complainant: Mrs Wendy Lees; Appellants: Mr Michael Brimacombe and Mrs Pamela Brimacombe; Respondent: Minister for Planning and Environment
Jurisdiction
Jersey
Judgment Date
06 July 2011
Procedural Posture
Statutory Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
High Hedges, Remedial Notice, Statutory Appeal, Neighbour Disputes, Wildlife Protection, Planning Law
Administrative Law Environmental Law Property Law High Hedges Remedial Notice Statutory Appeal Neighbour Disputes Wildlife Protection +1 more

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Parties

Mrs Wendy Lees

Complainant

Mr Michael Brimacombe and Mrs Pamela Brimacombe

Appellants

Minister for Planning and Environment

Respondent

Procedural Posture

Statutory Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Minister's remedial notice under the High Hedges (Jersey) Law 2008 was justified and lawful
  2. 2 Whether the trees in question constitute a 'high hedge' under the Law
  3. 3 Whether the Minister gave sufficient reasons and considered all relevant factors

Ratio Decidendi

The Court, conducting a de novo review, found that the Minister correctly balanced the complainant's right to reasonable enjoyment of her property against the environmental and aesthetic considerations, and that the Holm oak trees constituted a 'high hedge' under the Law. The remedial notice was justified and lawful.

Court Disposition

appeal dismissed

Orders

  • The determination of the Minister is confirmed.
  • The appellants shall comply with the remedial notice forthwith, subject to Planning Department advice, and in any event by 31 January 2012.