Agenda and draft minutes

Moved by Councillor Chris Kane and seconded by Councillor Anne Clark

RESOLVED – that Councillor Tom Munro be appointed as Chair for the meeting.

Apologies for absence were received from Councillor James Watson.

To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

There was no urgent business to be considered at the meeting.

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

There were no declarations made at the meeting.

The Enforcement Officer presented the report which informed Members of a high hedge complaint at 14 Fairfield Road, Bolsover and sought Committee’s decision on whether the hedge was adversely affecting the reasonable enjoyment of the affected property and whether a remedial notice should be served to require works to reduce the hedge height and to maintain the height at a lower level.

Committee were given full details of the description of the hedges, their surroundings, the background to the law giving the Council’s powers to deal with complaints, details of the complaint, the observations of both of the hedge owner and other adjoining land owners, policy and guidance and information on the assessments.

Committee concluded that the hedges, at their present height did have an adverse effect upon the complainant’s reasonable enjoyment of his property. The complainant had provided evidence of previous attempts made, without success, to resolve the matter without the Council’s involvement.  In such circumstances the service of a Remedial Notice was appropriate

Moved by Councillor Chris Kane and seconded by Councillor Anne Clarke

RESOLVED – That Committee determined that the hedges, because of their height, adversely affected the complainant’s reasonable enjoyment of his property, and that a Remedial Notice should be issued requiring the following:

              i.        Reduction of the height of hedge one and hedge two to a height of no more than 2.2m above ground level (prior to the end of February 2020);

            ii.        Reduction of the height of hedge three to 9.5m (prior to the end of October 2020)

           iii.        After that date, the hedges be trimmed regularly to ensure they never exceed the above heights above ground level.