The Valuation Tribunal (Amendment) Rules (Northern Ireland) 2012

Prospective

Amendment to the Valuation Tribunal Rules (Northern Ireland) 2007 N.I.

6.  After rule 5 (notice of appeal) insert the following new rules—

“High hedges fee

5A.— (1) An appeal under section 7(1) or (3) of the 2011 Act shall be accompanied by a fee as specified in regulation 17(1) of the Planning (Fees) Regulations (Northern Ireland) 1995(1) as if it were an appeal under Article 127(2)(b) of the Planning (Northern Ireland) Order 1991(2).

(2) The fee shall be taken—

(a) in cash;

(b) by credit card payment;

(c) by debit card payment; or

(d) by payment instrument.

High hedges grounds of appeal - Issue of a remedial notice

5B.   An appeal under section 7(1) of the 2011 Act against the issue of a remedial notice may be made on any of the following grounds—

(a) 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;

(b) that the initial action specified in the remedial notice is insufficient to remedy the adverse effect;

(c) that the initial action specified in the remedial notice exceeds what is necessary or appropriate to remedy the adverse effect; and

(d) that the period specified in the remedial notice for taking the initial action so specified is not what should reasonably be allowed.

High hedges grounds of appeal - Withdrawal etc of remedial notice

5C.— (1) Where—

(a) a remedial notice is withdrawn without the agreement of the complainant; and

(b) the council has not issued a further remedial notice in respect of the same high hedge,

an appeal under section 7(1) of the 2011 Act against the withdrawal of the notice may be made on the ground that there has been no material change in circumstances since the remedial notice was issued that justifies withdrawal of the notice.

(2) Where the council has waived or relaxed the requirements of a remedial notice without the agreement of the complainant or the owner or occupier of the neighbouring land (as the case may be), an appeal under section 7(1) of the 2011 Act against the waiver or relaxation may be made on any of the following grounds—

(a) that there has been no material change in circumstances since the notice was issued that justifies the waiver or relaxation of its requirements;

(b) that the requirements of the remedial notice, as waived or relaxed, are insufficient to remedy the adverse effect of the high hedge on the complainant’s reasonable enjoyment of the domestic property specified in the notice or to prevent its recurrence; and

(c) that the requirements of the remedial notice, as waived or relaxed, exceed what is necessary or appropriate to remedy the adverse effect of the high hedge or to prevent its recurrence.

High hedges grounds of appeal - Unfavourable decisions

5D.   An appeal under section 7(3) of the 2011 Act (where the council decides otherwise than in the complainant’s favour), may be made on either of the following grounds—

(a) that the council 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; or

(b) 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 council could not reasonably conclude that no action should be taken with a view to remedying that adverse effect or preventing its recurrence.”.

Commencement Information

I1 Rule 6 in operation at 16.4.2012, see rule 1

(1)

S.R. 1995 No. 78

(2)

S.R.1991 No. 1220 (N.I. 11); Article 127 was substituted by section 16 of the Planning Reform (Northern Ireland) Order 2006 (S.I. 2006 No. 1252 (N.I. 7)).