News Category:Community Warden

Street Traders' Licences

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Fri, 16 Mar 2012 10:42:00 GMT

This coming year will see the introduction of Street Traders' Licences in Braddan which is a requirement for all street traders and vendors within the Parish.

Where the proposed trading includes food, please ensure that all necessary food hygiene certificates are in place and presented with the licence application.

Full details and the application form can be found in 'Related items' below.

Role of Community Warden

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Thu, 14 May 2009 09:08:00 GMT

Background

The role was launched in February 2004, to deal with a complex range of social problems, including anti social behaviour and high crime levels, predominantly criminal damage and drug related problems.

Purpose

The purpose of the role was to establish a neighbourhood warden for the Local Authority to act as a link between the community, Board of Commissioners and the community police team. The role of the warden is to prevent crime, act as a mentor to children and as a go between in tenant disputes.

Funding

The role is funded by the Local Authority.

Community Safety Implications

The objective is to participate with partner organisations in the reduction of crime and disorder, preventing offending by young offenders, and impacting on the connection between drugs, alcohol and offending.

Tackling Crime

The role tackles a wide range of crime and issues relating to community safety and involvement, especially; youth offending, drug issues, anti social behaviour and social exclusion.

Community and Partnership Working

Good liaison with the residents, local authority tenants, and the police has helped this role to develop. There have been reward schemes relating to young offenders which have resulted in some not re-offending. The community has become more proactive in tackling crime and anti social behaviour by reporting incidents to the warden. There has also been a reduction in problem tenant behaviour, such as illegal substance abuse, fighting, abusive behaviour and other anti social behaviour. With regards to partnership working, a protocol for information sharing and working practices has been drawn up between the police and the local authority.

Results - Local impact

Since the role has been in place there has been a reduction in calls to the police and a drop in anti social behaviour complaints. Many residents have reported a big increase in satisfaction with regards their quality of life. An ASB policy has been compiled and put into practice. Leaflets have been compiled relating to ASB, Noise Nuisance and the Tree and High Hedge Act all explaining how these matters can be dealt with. The first ASBO was awarded on the Isle of Man due to evidence collated from the role with a number of ABC's also entered into.

Collection and disposal of unwanted vehicles

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Mon, 19 Nov 2012 12:46:00 GMT

If you have a vehicle that is no longer roadworthy, the Commissioners may arrange for it to be disposed of on your behalf.

For further details, please see the attached form in 'Related Items' below.

Ash dieback disease - Chalara fraxinea

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Thu, 15 Nov 2012 10:31:00 GMT

For more information on this fungus and how to recognise the symptons in ash trees please follow the link in 'Related Items' below.

Anti-Social Behaviour Questionnaire

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Fri, 16 Mar 2012 09:36:00 GMT

The Commissioners Anti-Social Behaviour Policy is currently being revised and updated due to the shift in the nature of complaints being received.

To assist in the compilation of the new policy, the Commissioners wish to carry out an evaluation of anti-social behaviour and noise nuisance by way of a questionnaire which is in 'Related items' below. Please print it off, complete the questionnaire and return it to the Commissioners Office.

The survey will enable enable the Commissioners to establish "anti-social nuisance behaviour hotspots" by postcode and we will work in partnership with the police to set out policies and practices to prevent the problems continuing.

Your participation in the survey is instrumental to our goal of a more peaceful and safer community for all within Braddan.

Herring Gull Nuisance

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Wed, 07 Mar 2012 10:31:00 GMT

Since the 1970's the number of roof nesting gulls has steadily increased around the British Isles causing problems in many inland areas. As in the Isle of Man the main culprit is the Herring Gull.

Due to their increasing habit of roof top nesting, herring gulls are causing considerable nuisance, particularly during the breeding season throughout coastal and inland communities.

Herring Gulls are white with grey back and wing tips which have white spots. The yellow bill has a red spot towards the lower tip which is bright in breeding season and the legs and feet are flesh coloured. Young birds are a mottled grey and brown and are difficult to distinguish from other immature gull species. The grey back is apparent after the first year and full mature plumage is only acquired after 3-4 years.

Breeding pairs court in April and commence nest building from early May onwards. The nest can be quite large and if made of material accumulated over several years, very heavy. The eggs are laid from early May onwards with two or three being the usual number. The eggs take about three weeks to hatch so the first chicks are generally seen about the beginning of June. The chicks grow quickly and are very active which often results in them falling from the nest. In built up areas this almost certainly means that they can not return to the nest. They are then protected and fed by their parents on the ground causing the parent chicks to swoop on people and animals.

Chicks generally fledge in August and then take three to four years to reach maturity. The life expectancy of a herring gull is about twenty years.

Herring gulls tend to nest in colonies and once a roof nesting bird gains a foothold other herring gulls tend to nest on adjacent buildings. If left unchecked a colony will develop.

Many people who have gulls nesting on their or neighbouring roof tops find that they cause a problem, most commonly;

. Noise, caused by calling gulls and their heavy footsteps
. Mess, caused by their droppings, fouling of washing, gardens and people
. Damage to property, caused by gulls picking at roofing materials and by nests which block gutters and hold moisture against the building structure

Sometimes more serious problems occur such as:

. Birds can dive and swoop at people or pets. This usually occurs when chicks have fallen from the nest and adult birds attempt to prevent them coming to harm by frightening away potential threats
. Blockage of gas flues, valley and parapet gutters by nesting materials. The former can have serious consequences if gas fumes are prevented from venting properly, or if flooding occurs as a result of blocked gutters.

The principal legislation dealing with the control of birds is the Wildlife Act 1990. Generally it is illegal to capture, injure or destroy any wild bird or interfere with its nests or eggs. However, only when there is a need to preserve public health or public safety authorised persons may take action, this does not include noisy gulls or gulls damaging property. No action may be taken unless the authorised person is satisfied that alternative methods to resolve the problem, such as scaring and proofing, are ineffective or impracticable.

Only the owner of a building or occupier can take action against the herring gulls on it, but they can give someone else permission to act on their behalf.

Colonies are undoubtedly encouraged to develop by regular feeding. If gulls are fed regularly it will create an artificially high population and encourage further breeding pairs to take up residence in the area. Additionally most of the foods artificially fed to gulls are a very poor substitute for their natural diet and this can harm them. It has been proven that artificially developed colonies are most commonly developed due to encouragement by feeding and that the best way to eradicate the urban nesting problem is by the prevention of feeding herring gulls.

Gulls will also scavenge readily on poorly stored household rubbish.

Preventative measures should be taken by owner occupiers to discourage roof top nesting by erecting appropriate netting or devices on chimney heads or flat roofing.

Due to the growing number of complaints received within the Parish of Braddan the Commissioners have resolved that Byelaws should be introduced to prevent the feeding of birds within any carriageway, footway, highway or road margin which will help to deter artificial colonies of herring gulls.

The Commissioners would also like to encourage residents to assist when feeding smaller garden birds within the boundaries of their property by using specific feeders, tables and bird houses which are impractical for herring gulls to access, and not to drop or cast large pieces of breed or other food stuff directly onto the ground as this will definitely attract herring gulls and may also attract vermin.

Further information can be obtained in the form of a leaflet from the Commissioners Offices or can be found in related items below.

A draft copy of the Byelaws to prevent the feeding of birds on public highways is also available online.

Private Roads and the Law

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Tue, 06 Mar 2012 11:54:00 GMT

Private Roads

The following information has been produced due to the number of enquiries from members of the public relating to enforcement of traffic regulations on private roads.

A Private Road

By statutory definition a private or un-adopted street or road is not maintainable at public expense. However, a private road is not necessarily a road to which the public does not have access, nor is it a road exempt from law. Most offences committed under the Road Traffic Act and Highways Act are designed to punish those who endanger or interfere with users of a highway or who damage or obstruct a highway. There is no statutory definition of a highway, only a common law one; 'a highway is a way over which members of the public have the right to pass and re-pass, their use of the way must be as of right, not on sufferance or licence'. And/or where the owner dedicates it to the public as a highway, by allowing them to use it, and the public accepts the dedication by using the way.

The Myth

Just because a road is un-adopted this means that enforcement cannot be carried out by the relevant authorities.
If this was so could you imagine the circumstances that would prevail especially in areas such as the Isle of Man Business Park in Braddan, where some of the roads are still to be adopted by the Department of Infrastructure (DOI), Highways Division.

Recently the Commissioners put a carefully worded question to the Legislation Department at the Department of Industry which also requested that the Attorney General's Office confirmed their reply to establish for its residents what issues if any can be addressed in relation to motoring offences on private roads, this was done to attempt to quash the myth that no police enforcement can be carried out on un-adopted/privately owned roads.

The Question

If I was to consume an excess of alcohol in a public house on the Isle of Man Business Park, get in my vehicle parked in the private car park of the public house, drive around the Isle of Man Business Park (on the un-adopted roads) at speeds well in excess of the 30mph limit, and then park my vehicle on the junction outside Manx Telecom causing an obstruction to other road users, would I be prosecuted? After all these are offences which I would be prosecuted for if this happened on the prom in Douglas. Or is it a case of 'well it's not adopted therefore the Acts do not apply so nothing can be done'.

The Answer

If roads are defined as "roads to which the public has access", such as at the Isle of Man Business Park, then no matter who owns them or maintains them, and irrespective of whether or not the road is a highway, then ordinary traffic rules apply. (The "Road Traffic Regulation Act 1985", and the "Road Traffic Act 1985"). All traffic signs included in the "Traffic Signs Regulations" can be used, but some of them such as double yellow lines, parking restrictions etc are only enforceable if a Traffic Regulation Order is made in respect of the road in question.

The Conclusion

As originally suspected, Acts do apply to un-adopted roads. So if the scenario as set out above was to actually happen, the offender in charge of the motor vehicle would be prosecuted by the Police.

The following are examples of two of the Acts which apply to un-adopted roads and are enforced by the Police;

The Road Traffic Act 1985

. Driving under age
. Careless or inconsiderate driving
. Dangerous driving
. Causing death by dangerous driving
. Offences connected with riding pedal cycles

The Road Traffic Regulation Act 1985

. Traffic regulation
. Pedestrian crossings
. Parking
. Obstruction on Roads
. Traffic Signs
. Parking near Junctions
. Leaving vehicles in dangerous positions
. Causing danger to road users
. Speed Limits
. Accidents

Further information in relation to legislation which applies to private owned un-adopted roads to which the Public has access can be obtained at the Legislative Department of the Department of Infrastructure.

Information on Boundary Disputes

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Tue, 06 Mar 2012 10:41:00 GMT

Boundary Disputes

Common neighbour disputes

Access to a neighbour's land for repairs

If you want to carry out repairs to property or land you may need to have access to your neighbouring property or land in order to carry out these repairs.

There may be a right of entry specifically for the purposes of inspection or repair in the property's legal documents. If there is no such right, or no agreement can be reached, the law allows you as the person wishing to carry out repairs to apply to the county court for an access order allowing you to enter your neighbour's land to carry out the repairs. There is a fee for the application.

If you wish to apply for an access order you should consult an experienced adviser, for example, a lawyer or a Citizens Advice Bureau.

Amenities which are shared

Who is responsible?

There may be amenities shared between two or more properties, for example, drains and pipes, shared drives or the roof of a block of flats. Responsibility for maintaining them and rights to use them, for example, putting up an aerial on a shared chimney, are usually outlined in the property's legal documents.

The legal documents may give you as a property owner rights over your neighbour's property. Sometimes they are not included in the legal documents but have arisen out of long, continuous and unchallenged use (usually 20 years). A right to use, for example, a pipe through a neighbour's property implies a right to go on that neighbour's property to undertake repairs, although any damage incurred to that property must be made good. If access is refused, an application can be made to a county court for an access order - see above.

Repairs

Where there is a shared amenity which is in need of repair the first step is to find out who is responsible for repairs. However, the legal documents may not always provide clear evidence and, in this case, it is probably best to settle in advance that the costs will be shared between owners.

The next stage will probably be to get a surveyor or architect to inspect and report on the part of the property requiring repairs. Estimates will have to be sought and finally a contract made with builders. It is essential that at each stage when a cost is incurred the household initiating the repairs has the consent of the other parties responsible.

If some or all of the property involved is rented, the landlord may be liable for repairs.

Boundaries, fences and walls

Establishing the boundaries and ownership

If a dispute arises between neighbours about the boundary between their properties, it will be necessary to establish who owns the disputed land. The primary evidence will be contained in the legal documents. Clear evidence of this kind is normally conclusive.

However, the boundaries between properties can differ from those described in the title documents or lease in certain circumstances. The most common are where they have been changed by agreement or by encroachment (occupation without permission).

For more information about boundary disputes, see the website of RICS at: Royal Institute of Chartered Surveyors. RICS also operates a boundary disputes helpline. They can put you in touch with a chartered surveyor who can give you 30 minutes free advice. The helpline number is: 0870 333 1600.

If you think that the boundaries are not defined in the title document or lease, or that the boundaries have been changed by agreement or encroachment, you will probably need to get legal advice from a solicitor.

Duty to erect a barrier

Generally, as a property owner you do not have to erect and maintain any type of barrier, for example, a fence, wall, trellis or railing, around your property. Some of the exceptions include where:-

. there is a clause in the title documents or lease

. the property is next to a street and may cause danger

. the land is used for dangerous purposes, for example, storing chemicals

. a barrier is necessary to prevent animals, other than domestic pets, from straying.

Who can use or repair a barrier

In order to decide who can use and repair a barrier, it is first necessary to establish who owns it. The rules for working out ownership are the same as for other boundaries. In other words, the legal documents may specify who owns the fence, or you may have evidence that it belongs to you.

If the barrier belongs to one owner, they can use it as they wish, without the neighbour's consent, providing it is safe. The neighbour has no rights over the barrier. For example, they could not use it to support trailing plants without the owner's permission. If a fence is jointly owned, each neighbour can use it for support, provided neither makes it unsafe. Any repairs should be financed jointly.

As a property owner you do not have to repair your barrier unless the title documents or lease contains such obligations. However, if the barrier causes damage or injury, your neighbour could take you to court for compensation.

If as a property owner you have a barrier next to the street, this should be kept in good repair to prevent it becoming a nuisance or danger to people using the street. If a passer-by is injured by the barrier, for example, if it has barbed wire, or falls down on someone in the street, that person can take you to court for compensation.

Party walls

There are special rules covering structural work to walls which stand across the boundary of land belonging to different owners, or which are used by two or more owners to separate buildings. The owner must notify neighbours about any work they intend to carry out. These rules allow for the agreement or objection to any work within certain time limits, and compensation and temporary protection for buildings and property. If there is no agreement an independent surveyor can be appointed to decide what work can be done, and how and when. For more information about party walls, see the website of RICS at: www.rics.org. RICS also operate a party walls helpline. They can put you in touch with a chartered surveyor who can give you 30 minutes free advice. The helpline number is: 0870 333 1600.

Planning restrictions on barriers

Planning permission is not generally needed before erecting a fence or wall, provided it is no more than one metre in height if next to a highway, or two metres elsewhere. If you wish to exceed these limits, you will need to get planning permission from the local authority. There are no planning restrictions on the height of hedges.

Boundaries

The starting point is always your title deeds. If your house has been built on a new estate, then it is likely that there will be a reasonable scale plan showing the garden boundaries. You should always ask your solicitor or conveyancer for a copy of your boundary plan. A copy of the plan registered at Land Registry can be obtained, although it will only be of a scale of 1 to 1250, unless there is a plan from the transfer when the land was first sold.

Helpful websites are;

Garden Law
Citizens Advice Bureau
Royal Institute of Chartered Surveyors

Neighbourhood Noise Nuisances

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Tue, 06 Mar 2012 12:41:00 GMT

What Constitutes A Noise Nuisance?

A noise nuisance is a noisy disturbance that materially, and therefore significantly, interferes with a person's lawful rights to the enjoyment of their home.

Audibility alone is not necessarily an indication of a nuisance as neighbours living in close proximity are always going to be likely to be aware of each other's activities and it is not reasonable to expect a silent environment. Nuisance is judged from the viewpoint of the average person's sensitivity to noise and no allowance can be made for people on shift work or those with particularly sensitive hearing. Case law also requires that the noise must arise from the unreasonable behaviour or conduct of the person responsible. The law does not specify noise levels or set time limits but requires an objective judgement to be made by us based upon factors such as:-

. How often the noise occurs
. Its duration
. How loud it is
. The time of day/night
. The character of the noise (whether it has any annoying characteristics)
. The nature of the area

We must also consider the reasonable likelihood of us being able to gather the necessary evidence or witness the noise which in the case of random or short lived noise occurrences is rarely possible.

Lifestyle Noise

When investigating noise nuisance complaints certain noises should be tolerated, these are known as 'lifestyle noise', e.g.

. Footfalls
. Dropping objects/moving furniture
. Light Switches
. General talking
. Slamming doors
. Toilet flushing
. Babies crying
. Children playing

This is because case law states that noise from the ordinary and reasonable use of residential premises cannot be considered nuisance. Case law also prevents us from requiring any owner or occupier of premises from carrying out works to improve insulation.

Night Noise Guidelines

The World Health Organisation (WHO) published a review on the effects of exposure to night-time noise. This document is entitled 'Night noise guidelines for Europe', the review was done so to assist policy makers in reducing the effects of night-time noise.

Environmental noise can be a threat to public health with one in five Europeans regularly exposed to sound levels at night that could significantly damage health. The review led to the following conclusions;

. Sleep is a biological necessity and disturbed sleep is associated with a number of adverse impacts on health

. There is sufficient evidence for biological effects of noise during sleep to increase heart rate, arousals, sleep stage changes and awakening

. There is sufficient evidence that night noise exposure causes self-reported sleep disturbance, increase in medicine use, increase in body movements and (environmental) insomnia

. While noise induced sleep disturbance is a health problem in itself it also leads to further consequences for health and wellbeing

. There is limited evidence that disturbed sleep causes fatigue, accidents and reduced performance

. There is limited evidence that noise at night causes hormaone level changes and clinical conditions such as cardiovascular illness, depression and other mental illness.

In the UK the Department of Environment Food and Rural Affairs (DEFRA) compiled a report for Local Authorities in relation to Neighbourhood Noise Policies and Practice. In this report, appendix 2: Summary of current technical standards DEFRA refers to domestic noise stating that no specific standards or codes of practice have been written for the purpose of giving guidance or an objective assessment methodology to assist officers in investigating routine neighbour and neighbourhood noise. The criteria of the Noise Act 2004, do not, of course, define statutory nuisance which may exist even when those criteria are not exceeded and local authority officers are therefore left to extract guidance from other publications.

What You Need To Do

Step 1 - Keep Calm

This may seem like a tall order as you won't feel calm if you are suffering from sleepless nights due to noise from your neighbour. Dealing with a difficult neighbour who may be acting unreasonably is always difficult, but if you are not calm it becomes impossible.

Step 2 - Check That You Are Being Reasonable

At first this may seem ridiculous as obviously you believe it is your neighbour who is behaving unreasonably. However, your being reasonable is an essential requirement if you are to deal successfully with the problem you are facing.

1. Should this matter go to court, you will need to be seen as a very reasonable person. Your neighbour may well seek to show the opposite. He could suggest that he is a normal reasonable person trying to enjoy the comfort of his own home without giving offence, whilst you are over-sensitive and neurotic persecuting him by making unreasonable demands. You need to prove that this is not the case.

2. The courts will only consider something a nuisance if it would be a nuisance to a 'reasonable man or woman'. It is a principal of English and Manx law that it does not exist to protect the abnormally sensitive. So just pause to consider if what you expect from your neighbour really is reasonable. Complaints about the occasional party or loud music are unlikely to impress; such things are all part of living in a community. Remember, all neighbours cause some kind of inconvenience - even you may!

Right! You are now CALM, REASONABLE and certain that you are dealing with a nuisance that significantly affects you.

Step 3 - The Friendly Approach

You may not feel very friendly but life will be a lot easier if you are able to persuade your neighbour to change his ways. You are much more likely to achieve a positive response if you speak quietly to him rather than shout and scream. At this stage it is best to assume that he, like you, is a reasonable person. Invite his co-operation.

So if you haven't already spoken to your neighbour in a calm and reasonable manner about your concerns, you should do. This isn't always easy but is important and does show that you want to sort the matter out in a neighbourly fashion.

Step 4 - If Things Don't Improve

If, when you speak to your neighbour he refuses to change his ways, is rude or threatening, then further action is required.

It would be useful to put your complaint in writing to your neighbour. A brief, yet firm but polite letter advising him of why you consider he is being unreasonable should be sent. You may wish to state that if matters do not improve you will have to complain to the authorities. The letter must be dated and you should keep a copy.

You will also need to keep a diary of any further incidents when you consider that your neighbour has caused a nuisance, and a form for this purpose is enclosed. It is important that you complete this form and the questionnaire in full. Such a record should be kept for a sufficient period to show that the nuisance significantly affects you and that the noise is not 'occasional' or a 'one off' event. It is difficult to say how long the diary should be kept for, because circumstances vary so much.

Step 5 - Notify The Authorities

When you believe that you have sufficient evidence in the diary you must sign it, indicating that you are prepared to give evidence in court, if necessary. Then you should return the sheets and questionnaire and any other relevant documentation to support your complaint to the person who supplied the documentation.

Step 6 - Action By The Authority

An officer of the authority will raise the matter with your neighbour and in some cases may need to take sound level measurements. If the authority is then satisfied that a nuisance exists, a legal notice may be served on the person causing the nuisance requiring them to stop.

If the nuisance does not stop, then the authority may take court action. If the person responsible for the nuisance is then found guilty they can be fined after conviction and if they are a tenant of the local council, they be evicted for breach of their tenancy.

Step 7 - What If the Authority Will Not Take Action

It may seem that after their investigation that the authority is satisfied that no legal nuisance exists. In such circumstances you can take civil action yourself through the courts. But if you can't convince the investigating officer, you may not be able to convince the court that legal action is appropriate.

Step 8 - Making A Complaint Direct To Court

If the authority is not able to take legal action, perhaps because they cannot verify your complaint then you can.

Before you approach the court make sure you have good written records of the dates and times the nuisance has occurred, how long it continues and what effect it has on you. You also need to note the occasions you have spoken to your neighbour and copies of any letters sent.

If you have not already done so, it may be wise to write to your neighbour advising him that you consider he is causing a nuisance and unless it stops, you will take your complaint direct to court through a civil action. Make sure the letter is dated and keep a copy. If there is no improvement you should contact the Clerk to the local courts. Address your letter to the Clerk of the Court and advise them that you wish to make a complaint under section 5 of the Public Health Act 1990.

The Clerk to the Court will probably make an appointment for you to see him. At this meeting he will explain the court procedure and ask you to demonstrate that you have a genuine case. You therefore have to be prepared to show him the records you have been keeping of the nuisance and your requests to your neighbour. You should also let the Clerk know if any other authorities have dealt with this complaint prior.

If the Clerk decides that you have an arguable case (you don't have to prove your case at this point) a summons will be served on your neighbour and he will be required to attend court at a later date.

Step 9 - Attend Court

Before attending court you have to decide whether you wish to be represented by an Advocate. You do not have to - but it is recommended. It may be of assistance to contact the Citizens Advice Bureau.

If you decide to present your own case, you must be well organised as well as reasonable. The Clerk to the Court will give you guidance at the hearing, but have all your facts, dates, copies of letters, etc ready to refer to as necessary.

Your neighbour will probably attend court and may well make claims about your own neighbourly conduct or unreasonableness; so be reasonable and do not get involved in swapping personal abuse. Just stick to the facts and demonstrate how patient you have been.

If your neighbour is found to be causing a nuisance the court will make an order requiring him to stop. If your neighbour breaks the requirements of the order he can be fined and a penalty imposed for each day he continues to cause a nuisance. If your neighbour is not found to be causing a nuisance you may be liable for court costs. Both you and your neighbour have a right to appeal the decision of the courts.

Trees & High Hedges Act 2005 - A Guide

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Fri, 27 May 2011 09:17:00 GMT

High Hedges

The Government has produced regulations about High Hedges and has issued guidance to help Local Authorities to deal with complaints about them.

The law makes provision for Local Authorities to determine complaints by owners/occupiers of domestic properties adversely affected by evergreen hedges, trees or shrubs over 2 metres high. The Local Authority is able to charge a fee for this service, to be paid by the complainant. A fee of �150 is payable in advance.

The Trees and High Hedges Act 2005, deals with High Hedges affecting domestic property. The legal definition of a hedge can be found in Section 2 (1), of the Act. Generally, a line of two or more evergreens or by a row of two or more trees or shrubs of a height of more than 2 metres above ground level constitutes a hedge.

The Local Authority may, if they consider the circumstances justify it, issue a notice requiring the hedge owner to take action to remedy the problem and prevent it reoccurring. This is known as a 'remedial notice'. This notice can be enforced by the Local Authority entering onto the land and carrying out the necessary work if the hedge owner fails to do so.

Making a Complaint

People are able to take complaints to the Local Authority about high hedges, provided they have tried and exhausted all other means for resolving their hedge dispute.

The Local Authority will expect you to provide documentary evidence to demonstrate that you have tried to amicably address the problem within the last six months and that you have kept records of letters, conversations and mediation.

If you can demonstrate the above, the Local Authority can look at your complaint if:

1. The hedge is made up of a line of two or more evergreen or semi evergreen trees, trees or shrubs

2. It is over a height of two metres (measured from natural ground level), and

3. It is capable of obstructing light or views and can detract from the reasonable enjoyment of your home or garden due to its height.

Full details of why the hedge is causing a problem to you must be explained to the Local Authority.

Please use the High Hedge Complaint Form for submitting a High Hedge complaint to the Local Authority (see link below). There are also some High Hedge Complaint Form Guidance Notes.

Frequently asked questions on High Hedges

These questions and answers deal with a range of issues relating to complaints about high hedges.

Q. What is the Local Authority's role when dealing with High Hedge Complaints?
A. The role of the Local Authority is to act as an independent and impartial third party. They do not negotiate or mediate between individuals but will adjudicate on whether the hedge is affecting the reasonable enjoyment of the complainant's property.

Q. What are the grounds of complaint a person can make against their neighbour's high hedge?
A. A complaint can only be made about problems that are experienced in the house or garden. For example the hedge may be a barrier to light or access or where it restricts a view. A complaint cannot be made about a high hedge where there are suspected root problems or that the hedge is unsightly.

Q. What constitutes a 'High Hedge'?
A. A High Hedge is defined in the Act as a line of two or more evergreen trees or shrubs that is more than 2 metres above ground level and capable of obstructing light or views

Q. Do I have to pay the Local Authority to consider my complaint?
A. Yes, the Government has stated that Local Authorities can charge for the service. The Department of Infrastructure has approved a basic fee level of �150 in respect of any complaint received under the provisions of the Act.

Q. Can the fee be refunded if the Local Authority upholds the complaint?
A. No

Q. Who will be dealing with complaints?
A. An appointed officer of the Local Authority has been assigned to deal with complaints about High Hedges.

Q. How is a complaint made?
A. The Local Authority will send a form for the complainant to fill in. The form will require details of the grounds of complaint and supporting documents including a photo of the hedge, its location and copies of correspondence with the hedge owner.

Q. What will the Local Authority do with the complaint?
A. Once the Local Authority is satisfied that the complaint meets the legal tests, they will invite the neighbour to set out their case. An Officer will undertake a site visit and assess the hedge and its surroundings for themselves. It is likely that measurements of both the hedge and the garden will need to be taken. The information will then be assessed using calculations provided by the Department of Infrastructure. If the Local Authority decides action is necessary, a formal notice will be issued to the hedge owner, setting out what must be done to the hedge and when it must be done by. This is known as a remedial notice. It can also require the hedge owner to keep the hedge trimmed to its new size.

Q. Can the remedial notice require the hedge owner to remove the hedge?
A. No, the notice can only require the hedge to be reduced in height. The height a hedge can be maintained at is 2 metres, although in some cases it might be higher than this, depending upon the position of the hedge and its relationship to the affected property. A height of 2 metres may not be appropriate in every case

Q. How long will it take for the Local Authority to decide the complaint?
A. There is no set deadline to decide a complaint.

Q. What if the hedge owner fails to cut the hedge after being delivered a Remedial Notice?
A. Failure to carry out the works ordered by the Local Authority is an offence. The hedge owner could be prosecuted and if found guilty of an offence in court they could be fined up to �5000. The Local Authority can go onto the property and cut the hedge if the hedge owner fails to undertake the work themselves, and recover the costs incurred.

Q. What if the complainant disagrees with the Local Authority's decision?
A. If the complainant disagrees with the Local Authority's decision, they can appeal to the High Bailiff against the decision within 28 days of the date of the Local Authority's decision letter.

Q. Are there any leaflets that explain complaints about high hedges.
A. Yes, these can be found on the Isle of Man Government's website (see link below) or requested by telephone or in writing to Braddan Parish Commissioners.

Contacts
Braddan Parish Commissioners
Commissioners Offices
Close Corran
Union Mills
Braddan
IM4 4LZ

Tel: 01624 852 808
Email: braddan@gov.im
www.gov.im

Braddan Dog Control Byelaws 2009

Braddan Parish Commissioners, mailto:braddan@braddan.gov.im — Tue, 26 Jan 2010 10:48:00 GMT

The Braddan Dog Control Byelaws 2009 are in operation, having been formally approved by Tynwald in June 2009.

You can read the full Byelaws in 'Related Items' below.