2012 No. 122

RatesHigh Hedges

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

Made12th March 2012

Coming into operation16th April 2012

The Department of Justice makes the following Rules in exercise of the powers conferred by section 7(7) of the High Hedges Act (Northern Ireland) 20111 and Article 36A(3) of, and paragraphs 7 to 13 of Schedule 9B to, the Rates (Northern Ireland) Order 19772.

Citation and commencementI11

These Rules may be cited as the Valuation Tribunal (Amendment) Rules (Northern Ireland) 2012 and shall come into operation on 16th April 2012.

Amendment to the Valuation Tribunal Rules (Northern Ireland) 2007

I32

The Valuation Tribunal Rules (Northern Ireland) 20073 are amended in accordance with rules 3 to 9.

I43

In rule 2(1) (interpretation)—

a

after the definition of “the 2010 (Low-Carbon Homes Scheme) Regulations” insert—

“the 2011 Act” means the High Hedges Act (Northern Ireland) 2011;

b

in the definition of “appeal”—

i

in paragraph (d) omit “or”; and

ii

after paragraph (e) insert—

or
a
section 7(1) or (3) of the 2011 Act;

c

after the definition of “appeal” insert—

“credit card” means a card which —
i
may be used on its own to pay for goods or services or to withdraw cash; and
ii
enables the holder to make purchases and to draw cash up to a prearranged limit;
“debit card” means a card which may be used as a means of payment under arrangements which do not provide for the extension of credit to the cardholder, but provide for amounts paid by means of the card to be debited to a specified account in a person’s name (or in their name jointly with one or more others);

d

after the definition of “hearing” insert—

“hedge owner” means every person falling within section 7(2)(b) of the 2011 Act;

e

after the definition of “ordinary member” insert—

“payment instrument” means a cheque or payable order;

f

in the definition of “respondent”—

i

in paragraph (b) omit “and”; and

ii

after paragraph (c) insert—

and
a
in relation to an appeal under section 7(1) or (3) of the 2011 Act, means the council and every person falling within section 7(2) if not the appellant;

I54

In rule 4 (composition of tribunals)—

a

in paragraph (1) for the words “paragraph (3)” substitute “paragraphs (3) and (4)”;

b

in paragraph (3) for the words “paragraphs (1) and (2)” substitute “paragraph (2) and either paragraph (1) or, as the case may be, paragraph (4)”; and

c

after paragraph (3) insert—

4
In relation to an appeal under section 7(1) or (3) of the 2011 Act, rule 4(1)(c) does not apply.

I65

In rule 5 (notice of appeal) after paragraph (g) insert—

h
an appeal under section 7(1) or (3) of the 2011 Act shall be instituted by delivering to the Secretary a notice of appeal in accordance with Form 8 within 28 days beginning with the relevant date.

I76

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

High hedges fee5A
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) 19954 as if it were an appeal under Article 127(2)(b) of the Planning (Northern Ireland) Order 19915.
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 notice5B
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 notice5C
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 decisions5D
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.

I87

In rule 11 (disposal by written representations) paragraph (1) for the words “An appeal” substitute “Subject to rule 11A, an appeal”.

I98

After rule 11 (disposal by written representations) insert the following new rule—

Special procedure for high hedge appeals11A
1
Subject to paragraph (2) an appeal under section 7(1) or (3) of the 2011 Act shall be disposed of on the basis of written representations.
2
Where an appeal is to be disposed of under paragraph (1) the remaining provisions of these Rules shall, with any necessary modifications, apply to that appeal as if it were an appeal under rule 11(1).

I109

In the Schedule after Form 7 insert the form set out in the Schedule to these Rules.

Sealed with the Official Seal of the Department of Justice on 12th March 2012

David FordMinister of Justice

I2SCHEDULE

Rule 9

Annotations:

Commencement Information

Sch. in operation at 16.4.2012, see rule 1

EXPLANATORY NOTE

(This note is not part of the Rules)

The Valuation Tribunal Rules (Northern Ireland) 2007 (S.R. 2007 No.182) (“the principal Rules”) regulate the exercise of rights of appeal to the Northern Ireland Valuation Tribunal (“the Tribunal”) and prescribe the practice and procedure in relation to proceedings before the Tribunal.

These Rules amend the principal Rules in consequence of the introduction of a right of appeal to the Tribunal against the issue, withdrawal, waiver or relaxation of the requirements of a remedial notice or certain decisions of a district council under the High Hedges Act (Northern Ireland) 2011.