Court Success

Wychavon District Council has had more success upholding the district’s planning laws at Worcestershire Magistrates’ Court.

Mr Robert Scott Johnston & Mrs Nicola Jane Johnston, both of Whitecroft, Station Road, Eckington, were fined £1,437.50 each (£1 000 fine, £422.50 costs and a £15.00 victim surcharge) for breaching a Remedial Notice, which required them to trim their hedges.

Following complaints from neighbours relating to the size of two hedges that were affecting the light to their garden and house, the Council investigated and found that the hedges did exceed the reasonable height for the location.  A number of letters were sent to Mr & Mrs Johnston, the owners of the property and hedges, informing them of the situation.  Unfortunately, all attempts by the Council to make contact were ignored.

During a site visit in 2008, both hedges were measured as 6 metres high.  Standard calculations showed that the hedges should not be over 3m and 4m high, so that they would not have an adverse affect on the neighbours’ property.  As Mr & Mrs Johnston refused to cooperate and trim their hedges to the required height, a Remedial Notice was issued instructing Mr & Mrs Johnston to trim one hedge to 4 metres and one to 3 metres.  This notice was not appealed.

Following subsequent visits over a number of months, although the hedges were trimmed they remained above the requested height, despite additional time being allowed to carry out the work correctly.  This ultimately left the Council with no alternative other than to prosecute for the breach of the Remedial Notice that was issued.

Elizabeth Jones, Planning Enforcement Officer at Wychavon District Council, said: “The Council has spent a lot of time trying to get Mr & Mrs Johnston to comply without going down the formal route, but unfortunately we have had no other option than to prosecute.  The fact that the Magistrates have given the maximum penalty for the offence will hopefully send the message that a Remedial Notice needs to be taken seriously.”

Graeme Duerden, Development Control Manager (Enforcement), added: “The planning laws we follow are there for the benefit of communities and not individuals.  We would urge people to listen to the advice we give on planning issues and not to ignore the letters we send and the notices we issue.”

The original Remedial Notice is still valid, and so the instruction to trim the hedges to the required heights still stands.  If the work is not carried out, and a second prosecution is instigated, then day by day fines (from the date of this judgement) could be applied.

For planning advice call 01386 565565.