Appeals
How do I appeal against a Remedial Notice?
An appeal against the issue of a remedial notice may be made on
any of the following grounds -
- that the height of the high hedge specified in the remedial
notice is not adversely affecting the complainant's reasonable
enjoyment of the domestic property so specified;
- that the remedial action or preventative action, or both (as
the case may be) specified in the remedial notice is insufficient
to remedy the adverse effect of the high hedge on the complainant's
reasonable enjoyment of the domestic property so specified or to
prevent its recurrence;
- that the remedial action or preventative action, or both (as
the case may be) specified in the remedial notice exceeds what is
necessary or appropriate to remedy the adverse effect of the high
hedge or to prevent its recurrence;
- that the period specified in the remedial notice for taking the
initial action so specified falls short of what should reasonably
be allowed.
If a Remedial Notice is served on you then you can appeal
against the Notice to the Planning Inspectorate who will appoint an
independent Inspector to determine the appeal.
Please see the Planning
Inspectorate website for more information.
How do I appeal against our Decision not to issue a Remedial
Notice?
If you are the complainant and we have made a Decision
unfavourable to you, you may appeal on one or both of the following
grounds:
- that the relevant authority could not reasonably conclude that
the height of the high hedge specified in the complaint is not
adversely affecting the complainant's reasonable enjoyment of the
domestic property so specified;
- that, having concluded that the height of the high hedge
specified in the complaint is adversely affecting the complainant's
reasonable enjoyment of the domestic property so specified, the
authority could not reasonably conclude that no action should be
taken with a view to remedying that adverse effect or preventing
its recurrence.
I get a Notice: I don’t appeal or lose my appeal – what
then?
You must now comply with the requirements of the Remedial
Notice. If you do not comply with the requirements of a Remedial
Notice within the specified time we have two options:
- to commence proceedings in the Magistrates' Court,
and/or
- to enter the land and use its own contractors to do the
necessary work.
In the case of the former you are liable, on conviction, of a
fine up to £1000
In the case of the latter you must pay all of our costs in
doing this work.
It is probably in most cases that we will use the latter option.
It is also probable that if we undertake the work it will involve
greater expense that you doing the work yourself.
This webpage was updated on
10/24/2007