Appeal decisions vary, as do the workings of the minds of the Inspectors. In all but one case I've dealt with the appeal was dismissed, and the Councils decision upheld. But there's always going to be the odd one and it was a bit of an odd decision by the Inspector to say the least.
The trees are always measured from where they enter the ground at the base of the tree, but it should be clear in the Remedial Notice.He [the Inspector] believes that the council notice is flawed, as it requires a 30% reduction in height, but does not give a datum point to work from.
andThe council stipulated a max height for the trees of 17m, however, he believes this to be too high
The differences in levels between gardens will be taken into account when working out the action hedge height, 17m according to the Council. Maybe the level changes have not been included in the action hedge height calculation leading to the trees being too tall. So possibly the height of the trees will be reduced by an extra 4' or 1.3m ish to approx 15.6m to take account in the changes in levels.the height of the trees is measured from the base of the tree as it enters the ground, not the level of the neighbours garden (which is 4' lower)
I agree with the Inspector as previously stated earlier in the thread the amount that can be removed will depend on the individual circumstances of the case, and then phased reduction is also a possibility to get a bit more off.I pointed out that 30% was the max that the trees could be reduced by, but he didnt agree
Well its relevant, but just what the impact on shading and light loss is, is just one of many elements the Council had to and Inspector has to weigh up.At 10.15am there were no shadows over the garden, or the house (which is 100ft away), I pointed this out but again, seems this isnt always relevant.
Must be their first High Hedge complaint as well then as they almost invariably go to appeal. Maybe we're too cheap. Must seek a huge increase in the cost of bringing a complaint at the next opportunity.Also, seems this is the first appeal that my Council have been involved in
Anyway good luck and let us know what happens.