IW Councillors Report, September 2017

Surgeries.

4:30-5pm, Tuesday 5^th September, Cowes Library, Beckford Road, Cowes.

5:30-6pm, Tuesday 5^th September, Sports Bar, Isle of Wight Community Club, Park Road, Cowes.

11-11:30am, Friday 8^th September, Gurnard Press, Worsley Road, Gurnard.

6-6:30pm, Wednesday 13^th September, The Portland, Worsley Road, Gurnard.

3-3:30pm, Wednesday 20^th September, Cowes Enterprise College, Crossfield Avenue, Cowes.

1-1:30pm, Friday 22nd September, The Little Gloster, Marsh Road, Gurnard.

10:30-11:30pm, Thursday 28^th September, All Saints Church, Worsley Road, Gurnard.

12-12:30pm, Thursday 28^th September, Eegon’s, 72 High Street, Cowes.

4:30-5pm, Tuesday 3^rd October, Cowes Library, Beckford Road, Cowes.

5:30-6pm, Tuesday 3^rd October, Sports Bar, Isle of Wight Community Club, Park Road, Cowes.

Gurnard Neighbourhood Plan.  7am-10pm, Thursday 7^th September, Gurnard Village Hall.

Following support from Planning Inspectors and the IW Council, this will go to referendum on 7am-10pm, Thursday 7^th September. This gives residents the final say on Gurnards Plan giving ‘strategic’ planning guidance for Gurnard for coming years.  Only registered electors of Gurnard are entitled to vote. 

If you questions please let me or Sue Waters (gurnardparishcouncil@gmail.com) know. Further details can be found at:  http://gurnardneighbourhoodplan.org.uk/wp-content/uploads/2012/06/10-Final-Draft-Gurnard-neighbourhood-development-plan.pdf

Place Road Development.

Last month I met with developers to receive an update on the next phase of development at Place Road.

At the meeting, I was informed that the developers suggested increasing the numbers of dwellings.

They advised by doing this would allow them to take a fresh look at how the layout of properties impacted upon existing homes in Place Road and Tuttons Hill, and potentially reduce the impact that these had.

Of note within residents discussions and from Planning comments was: 

·         the arc of properties which caused concern to the rear of Place Road.

·         the number of two storey properties, rather than single storey units.

·         the quota of accommodation available to allow downsizing; and 

·         the layout and proximity of proposals to Tuttons Hill.

As yet, developers had not met the Planning Department.

Before submission of any Planning Applications developers have asked me to arrange a public meeting/ information session with residents. This, will gauge whether the 99 units they suggest mitigates against those initial objections and, is it likely these may be preferable to the 86 dwellings which can be built within the current consent?

As such, I’ve been provided with the developers initial suggestions, however these may alter following initial feedback from Planners and residents.  It is intended a public information session will be held following an approach to the Planning Officer for pre-application advice.  Once I know more, I will keep councillors and residents updated.

In the meantime, I am keeping an open mind on any proposals coming forward.

Jet Ski’s.

I continue to receive complaints from residents concerning jet ski’s coming into conflict with bathers on Gurnard Beach.  Subsequently, I’ve passed on details of the Marine Police to residents who have complained to me.

Please note, there is a bye-law in place which restricts the speeds of jet-skis to 8 knots and limits use to depths of in excess of 2 metres. The purpose of this bye-law is to safeguard swimmers, and I would expect all instances of any anti-social jet skiing to be reported.  For details please contact the Marine Police on 02380 236753. 

Mobile Household Waste and Recycling Centre

The Mobile HWRC will be visiting the Isle of Wight Community Club, Cowes.  The Centre is ‘open’ from:

10am-2pm on Wednesday 6^th September; Thursday 21^st September and Wednesday 4^th October

Accepted items includes household batteries, small electrical items, bulbs/ fluorescent tubes, magazines, paper & card, printer cartridges, CD’s/ DVD’s, scrap metal (max 100cm x 30cm), plastics, textiles and paint tins with lids on.

Highways Matters.

·         Parking.

Thank you for contacting me regarding the Cowes Week Parking Order.  Comments regarding Woodvale Road will be fed back, whilst an overnight parking restriction for Egypt Esplanade receives careful consideration.

Following an especially busy Bank Holiday, I have received a large number of complaints concerning parking  complience in both Albert Road and Marsh Road.

In Albert Road, I’m asking for residents feedback.  This follows complaints of parking on double yellow lines, access protection bars and obstructing accesses.  Please note the more double yellow lines and enforcement that takes place is not always welcomed,  for the time-being I ask residents to be mindful of where and how they park!

In Marsh Road, I continue to receive complaints concerning parking. Mindful again that we are nearing the harvesting season, I ask residents to give thought as to how they park.

Another concern which is constantly upsetting residents in Marsh Road is the speed of traffic (Particularly motorcycles late at night!)  If you witness such incidents please take note of number plates and report these to both the police on 101, or to me.  With respect to all these issues, please let me know your thoughts!

·         Road Resurfacing.

Work has commenced to reconstruct Parklands Avenue.  This work is scheduled to continue until 20^th September.

Noke Common will be closed for resurfacing from 8^th September.

A water leak appeared in Woodvale Road.  This has been reported to both Island Roads and Southern Water. 

·         Fly-tipping.

Locally, I’ve reported Flytipping offences which took place off Rew Street.  In addition, I’ve also taken up flytipping issues in Carvel Lane and Cross Street Car Park, Cowes.

Elsewhere, bins were required to be emptied in Queens Road, whilst building rubble was deposited at Shore Path. At both these locations, it was necessary to request that the beach was cleaned by contractors.

·         Replacement Tree.

In Worsley Road, a damaged roadside tree needs will be removed. This will be replaced this autumn.

Gurnard Pumping Station

Last month a problem was identified with the pumping station at Gurnard Green.  Initially, Southern Water attempted to temporarily repair the problem.  However, the initial repair failed which resulted in a small volume of sewage being discharged into the sea as a result

I am advised that this discharge would have had a negligible impact upon bathing water quality given this was promptly remedied.  Because the beach is defined as a bathing beach signage was required to be put in place by the IW Council advising residents of the issue.

Subsequently the temporary fix resolved the problem until replacement parts were replaced.  

Throughout the incident both the Isle of Wight Council were appraised whilst the Environment Agency continued to gauge and monitor water quality.  

Isle of Wight Council Banking Changes.

The Isle of Wight Council has ‘switched banks’. From 1 September, the council will bank with Lloyds Bank.  In light of changes most people will see no change. For example if you pay the council by Direct Debit, then nothing changes. However, if making individual separate payments to the council bank details will need to be altered. 

It was necessary for the council  to ’switch accounts’ following a review of banking services and detailed procurement took place to ensure ongoing and future banking needs best value for money was met.

Please note, old and new accounts will operate alongside of one another until November 2017.  That said, the Council has asked that any changes that are needed are done so at the very earliest opportunity

Bank account details will need altering should you pay the council by:  Online banking transfers; Faster payments (online); Telephone banking payments; and over the counter payments or payments by Standing Orders.

Please note new details from 1st September 2017 are as follows:    

Account Name: Isle of Wight Council receipts account; Sort Code: 30-80-12; Account Number: 14867260.

Consultations.

·         Island Plan Consultation.

Following a manifesto pledge by the new administration, The IW Council is reviewing the Island Plan Core Strategy, adopted in 2012. This is to help the Council understand opinion on its current policies.  As a consequence the Council are undertaking an initial survey and the results will be used to inform how we approach the detailed review. This initial survey will ask a series of questions on each policy of the Core Strategy.

This survey will ‘formally’ close at 12 noon on Friday 1^st September 2017.  However the consultation (which took place during the summer holidays) will be extended to permit both Town and Parish Council’s to offer feedback.  (I am liaising with Cowes’ Chairman of the Planning Committee on Cowes Town Council’s response)

·         Local Council Tax Support Consultation 2018/19.

The Isle of Wight Council is undertaking a consultation on the Council Tax Reduction Scheme and would like to seek resident’s views. This consultation continues until 3^rd October 2017.

·         The Wight We Want- Regeneration Consultation.

The Isle of Wight Council is starting a major regeneration programme to help create more jobs, better housing, and a better quality of life for all residents of the Isle of Wight. In order to help inform the priorities for regeneration across the Island. The Council are requesting feedback in their, “The Wight We Want” conversation.

The summary results of this survey will be published and will help confirm the needs of communities in different parts of the Island. This will be reflected in the ‘Regeneration strategy for the Isle of Wight’, to be published in 2018.

As well as this short survey there will be local workshops and focus groups held across the Island, over coming months.  These discussions will help understand what residents want to see in place for future generations.

A Residents Panel is being created to continue this conversation and engage in future research and consultation. If you would like to be involved please provide your contact details at the end of the survey. For details please visit: https://www.surveymonkey.co.uk/r/the_wight_we_want_survey. The survey continues until 13^th October 2017.

Planning Matters.

·         Enforcement Matters.

Planning and environmental enforcement matters continue to be chased up by me in Cliff Road, Baring Road, Lower Church Road, Albert Road and Gurnard Pines.  Please note these matters are seldom rectified immediately, as advice is regularly sought and contact is required between the Council, agencies and individuals before being addressed.  What is often key for prioritisation by the Council is harm caused and whether individuals are acting both reasonably and proportionately in the circumstances.

Because of the volume of neighbourhood complaints, this month I have attached the first draft of a Residents Information leaflet which I am collating information for.  This will be edited this month for relevance to local issues.

·         Planning Applications.

My grateful thanks to residents and the applicant for swiftly resolving issues at Woodvale Close.  By talking and compromises being offered concerns were remedied allowing for work to commence early.

I am ever hopeful that similar discussions can and will take place, on a much larger scale in Place Road.

In The Avenue an application was withdrawn following concerns raised regarding access from Worsley Road.

·         Pre-Application discussions.

As I have always emphasised, please talk to neighbours before considering submitting a Planning Application, as this can save a monumental amount of time, money and upset in the long term!  From my point of view, I am always happy to work to facilitate any discussions taking place. 

In addition to doing this there is invaluable advice available on line through the (FREE!) Planning Portal website (see: https://www.planningportal.co.uk/) on ascertaining applicants roles and responsibilities.  In addition, the Planning Department also offers Pre-Application  advice.  This service is now charged for by the IW Council.    

·         Planning Committee.

After 14 years, I am no longer a member of the IW Council’s Planning Committee.  This is due to me being stretched thinly within my roles as Chairman of Scrutiny and through my more active positions as Cowes Mayor and Vice-Chairman of Gurnard Parish Council, which is giving me a more locally focused role which I am thoroughly loving.

I am hoping that when my responsibilities reduce, I can re-join the Planning Committee with a fresh perspective. 

Energy Suppliers.

I am hoping in October or November to hold a drop-in session with the Footprint Trust, to assist residents ‘having not done so already’, to switch Energy Suppliers. By working in partnership with both The Footprint Trust, The Friends of Cowes Library and Gurnard Cybercafe this can be pursued once the temperature drops. 

If you are interested, please save your recent Bills and hopefully with the support of IT savvy volunteers we can assist!  From my personal point of view during the summer (when I found a spare hour!) I did this and it is projected, I will save over £300 from my Energy Bills. 

Toilets.

Toilets were vandalised at The Cut, Mornington Road and Princes Esplanade. This mindless vandalism does impact upon both our Parish and Town Councils, and means that whilst repairs are and thankfully are continued to be met other services need to be withdrawn or significantly.

Scrutiny Committee.

I have been preparing for September’s Scrutiny Meeting.  This has resulted in me liaising with East Cowes residents seeking answers on the replacement Floating Bridge.  In addition, a report is due to be circulated to provide an update and outcomes on last year’s Resident’s Waste Survey. 

At Scrutiny I was asked to receive a presentation by Pro-Link campaigners.  Before accepting campaigners offer, I was anxious to balance opinions and conditioned any future presentation to also allow input from opponents.  Subsequently, I am now advised the presentation will be made as an All Members briefing. In light of this the Scrutiny Committee are awaiting the Council’s Corporate Plan where (if incorporated) a Fixed Link can be afforded further scrutiny.

Mayoral Report.

In my role as Mayor, I attended twelve functions throughout Cowes Week.  These included Wreath Laying at the War Memorial, attending the Regatta Service at Trinity Church, opening Cowes’ Bowls Tournament and hosting Cowes Town Council’s Reception at Northwood House whereby I wanted to create a theme of inviting the unsung heroes and volunteers who underpin and support our community.

Also during the Reception, former Mayor and Councillor Geoff Banks was formally thanked for his dedication and enthusiasm for our town.

Last month, I also took great pleasure in ‘opening’ the new Gym equipment at Northwood Recreation Ground.

Also this month:

• ·         I provided input into a Peer Review on Adult Care provision within our local community.
• ·         I met with and provided support to East Cowes residents seeking to make their beach the other side of the Medina a ‘bathing beach’
• ·         I supported a resident who moors a small boat on the Medina, who was mailed out a Council Tax survey. If you receive similar, please let me know as I consider such consultations both costly and wholly unnecessary.
• ·         I was approached by a mainland landlord, who had a grievance with letting agents. Support that I could offer was incredibly limited due to the landlord not seeking legal advice before signing the agreement.
• ·         I contacted Hampshire’s Director of Children’s Services, following a request regarding the Island’s Education Psychology Service meeting the needs of young people.
• ·         Following supporting a local developer, I am hoping to make some constructive headway with the Council on ensuring Council Tax back-payments can be ‘settled on sale’, where it is established builders may have cashflow concerns.
• ·         I have chased up replacement black inserts for Green Recycling Bins.  This follows a number of historic instances whereby binmen have inadvertently damaged these.  When this arises, I continue to successfully make the point that residents are charged £10 for an insert, when it can be demonstrated that damage arises through no fault of the householder.  
• ·         The footway on Baring Road continues to cause me concerns, particularly where Japanese Knotweed can be found.  Island Roads now acknowledges the extent of the problem!
• ·         I am hoping this month to progress action with the Education Service to support children with autism.
• ·         I am chuffed to bits that eventually, I managed to get a blue badge for a Cowes resident and fully appreciate how difficult it can be to support these very needy residents!
• ·         I am working with the Footprint Trust to receive funding from the Isle of Wight Council, to support some of the Island’s most vulnerable residents that often slip through the safety net.  This follows it becoming more difficult to access grants.
• ·      I’ve been approached (alongside local Councillor, Paul Bertie) to address and progress proposals for Hamlet Court, which was cited for demolition following proposals being rejected by Planning Committee Members and at Appeal.
• ·         I have also requested that brambles are cut back in Winding Way, whilst I’ve noted that work has commenced to improve sight lines improving access from the Range.

 Neighbour 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.

·          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.

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.

·          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 don’t always provide clear evidence and, in this case, it is probably best to settle in advance costs 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). There's more information about boundary disputes on the RICS website.

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. However, you may also wish to try mediation first as a way of resolving your dispute with your neighbour.

·          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, or 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: 024 7686 8555. The Faculty of Party Wall Surveyors (FPWS) also runs a free advice line and has a list of members in all areas which may be able to help you with party wall matters. You can contact them on 01424 883300 or through their website at www.fpws.org.uk.

·          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 planning permission from the IW Council. There are no planning restrictions on the height of hedges.

CCTV

If you have concerns about how CCTV is being used by a neighbour or your landlord, there is further information on the Information Commissioner's Office (ICO) website at ico.org.uk.

Children

Noisy children in themselves are not a ‘nuisance’. If someone is disturbed by a neighbour’s children, for example, a shift worker who wants to sleep during the day, the only real solution is a conciliatory approach to the neighbour.

·          Damage done by children

If a neighbour’s child causes damage to a property, a conciliatory approach to settle the matter is probably the best solution. Legally, the child can be sued for damages if they are old enough to know what they were doing. In practice, this is unrealistic since few courts would look favourably on such an action, and a child is unlikely to have much money to pay any damages. However, the parents of the child may be liable for negligence and damages if they have trusted the child with something dangerous that was beyond their capability to use responsibly, for example, an air gun. The parents may also be liable if they have failed to exercise the control that would be expected of a parent given the child’s age.

·          Balls and ball games

If a child throws a ball into a neighbour’s property, the neighbour should either hand it back or allow it to be collected. However, as it is a trespass for the ball to cross the neighbour’s boundary, even if it was unintentional, the neighbour would be entitled to financial compensation if any damage has been caused.

Noise:  

·          Dealing with noisy neighbours

As a first step, you should talk to your neighbour making the noise and ask them to reduce the noise. If the noise is not reduced and your neighbour is a tenant, it may be worth contacting your neighbour’s landlord. If the problem persists it is useful to keep a record/diary of the disturbances which can be used as evidence in any future action.

Local authorities have extensive powers to deal with noise nuisances. You can ask the Environmental Health Officer to investigate the noise. They are able to measure the level of noise and to give an expert opinion on how it rates as a noise nuisance. Local authorities have powers to seize noise-making equipment.

If the EHO considers there is a noise nuisance and has been unable to resolve the matter by discussion, the authority can then serve a notice on the person causing the noise, or on the owner or occupier of the property. If the person causing the noise does not comply with the notice, the local authority can prosecute them. The local authority can also apply for an injunction.

If you are unhappy about the service you have received from the local authority or from your landlord, you may want to contact an Ombudsman for help.

·          Noise in the neighbourhood

Loudspeakers (except for the police, ambulance and fire brigade) must not be used in the streets between 9.00pm and 8.00am. It is illegal to use loudspeakers in the street at any hour for advertising, entertainment, trade or business. There is an exemption from this rule for vehicles which sell food (such as ice cream), but loudspeakers or chimes on these vehicles may only be used between the hours of noon and 7.00pm in such a way as not to annoy people nearby. Any complaints about noise from loudspeakers or chimes should be made to the police or to the environmental health department of the local authority.

All local authorities have the power to deal with noise nuisance from vehicle alarms and other street noise, for example, music. This includes the power to break into the vehicle and silence the alarm if it is creating a nuisance.

The local authority also has the power to deal immediately with noise coming from licensed premises at night (between 11pm and 7am). First of all, it will formally warn the person responsible for the noise and then if they don't stop within the time set out in the warning (usually ten minutes), the local authority can impose a fixed penalty fine on them or prosecute them. The local authority can also seize the equipment making the noise.

·          Burglar alarms

A local authority has the power to enter a building and silence an alarm, where the alarm has been operating non-stop for 20 minutes or on and off for an hour and is causing a noise nuisance. A local authority officer can only enter a building by force with a warrant. The authority can recover the cost of silencing the alarm from the occupier of the premises.

A local authority can also make an area an 'alarm notification area'. This means that the owner or occupier of every building in the area which has an alarm must have a keyholder and must give their contact details to the local authority. The local authority can ask the keyholder to switch off the alarm. If you live in an alarm notification area, it is a criminal offence not to stick to these rules. Your local authority should put a notice in the paper and put a copy through your door if they plan to introduce these rules in your area.

Parking space

Unless there are local parking restrictions giving a right to a particular space, residents do not have automatic rights to a parking space on a public road. However, they do have a right of access to their drive. If there is a shared drive, then each person has a right of access and neither should block the drive. The local authority and the police have wide powers to remove vehicles that are illegally parked, causing an obstruction on the highway or which are abandoned.

·          Trees

Overhanging branches

If a neighbour’s tree hangs over an adjoining property, the tree owner should be asked to trim back the tree. If this is not done, the complainant has the right to trim the tree back to the boundary line (but see Tree preservation orders below) although any branches and/or fruit removed belong to the tree’s owner and should be offered back to the owner or disposed of with the owner's consent.

An overhanging tree may also be a danger. For example, most parts of a yew tree are poisonous. If any damage or injury is caused, the tree owner will be liable to pay compensation if a person affected brings a claim for damages.

Dangerous trees

In England and Wales, local authorities have powers to deal with trees on private property which are on the point of causing damage. It is up to the local authority to decide whether they take any action depending upon the facts of the case.

A local authority may:-

·          make the tree safe, if it is on the point of causing damage and they are asked to do so by the owner of the land on which the tree stands. The local authority will recover the costs of doing this from the owner

·          make a tree safe on someone else’s land, if asked to do so by a neighbour whose property is in imminent danger from the tree and the owner of the land on which the tree stands is not known

·          serve a notice on someone who has a tree which is on the point of causing damage to the property of a neighbour and that neighbour asks the local authority to take action. The owner of the tree must comply with the notice. If they do not, the local authority will do the necessary work and recover the costs from the owner. The owner can appeal to the county court against the notice.

If you want IW Council to take action, you will need contact Island Roads (Highway Trees) on 01983 822440 or the IW Council on 01983 821000 (other trees)

Roots

If the roots of a neighbour’s tree spread into a property, they can be removed using the least damaging method available, unless there is a tree preservation order on it - see below. If a neighbour has to enter the tree owner’s property to do this, they must give reasonable notice.

The neighbour may also wish to consult their insurers, if there is a possibility that their property may be damaged by the roots. If the roots have already caused damage, the tree owner is liable to pay compensation but it must be shown that the tree owner knew, or ought to have known, of the danger.

Tree preservation orders

If you wish to prevent a tree being lopped by your neighbour, you could contact the local authority (divisional planning office in Northern Ireland) to see if they will place a tree preservation order on it. All trees in an area designated as a Conservation Area are automatically protected.

·          Hedges

If a neighbour’s hedge is tall and blocks out light, the person affected by the nuisance can prune the roots or branches. However, no one should attempt to reduce the height of a hedge without obtaining advice from a solicitor. In addition, some hedgerows are protected by law.

In England and Wales you have the right to complain to the local authority if your residential property is affected by a neighbour’s evergreen or semi-evergreen hedge which is more than two metres high. This may result in your neighbour having to reduce the height of their hedge. You must try to resolve the complaint with your neighbour before going to the local authority, and you may be charged a substantial fee before the local authority will consider the complaint. Either you or your neighbour can appeal against the local authority's decision. You can get more information about hedges from the GOV.UK website at www.gov.uk.

·          How to deal with a neighbour dispute

Approach the neighbour

A complaint should first be made to the neighbour. If it seems that one or both parties will be unable to keep their temper during such a meeting, it may be advisable to write. Sometimes a neighbour may be made to see that their behaviour is anti-social if representations come from a group of neighbours.

Try mediation

If an initial approach to the neighbour has failed, local mediators may help. For more information, visit the Civil Mediation Council website at www.civilmediation.org.uk. To find a mediator in your area who may be able to help, visit the Ministry of Justice website at www.civilmediation.justice.gov.uk.

Contact the landlord

If the offending neighbour is a tenant and refuses to co-operate when approached directly, it may be appropriate to contact the landlord.

Who is the landlord

If the property is owned by the Council, its housing department should be approached. It may be prepared to contact the neighbour to help resolve the problem.

If the property is owned or run by a housing association, it may have a housing officer who deals with disagreements between tenants.  If you think discrimination is involved in a neighbour dispute, make sure your landlord knows this – see under heading Abusive neighbour disputes and discrimination.

A private landlord can apply for possession on the grounds that a tenant has been a nuisance to neighbours or committed an offence such as racially motivated attacks. If it is possible to find out who the landlord is, they might be prepared to talk to the tenant about the problem. If you think discrimination is involved, make sure your landlord knows this.

·          Call the police

The police can be called if it is possible that a criminal offence is being committed. Common offences in the case of neighbour disputes are breach of the peace, assault or harassment because of your race or sex. If you think racial or sexual harassment is involved in your neighbour dispute, make sure the police know this – see under heading Abusive neighbour disputes and discrimination.

·          Contact the environmental health department

In cases where neighbours may be breaching public health or pollution laws, the local authority environmental health department can be approached.

An environmental health officer will usually contact the neighbour and attempt to resolve the matter informally. If this fails, a notice may be served on the neighbour, requiring the abatement of the nuisance. This means they are required to stop, or deal with, the nuisance.

·          Contact the planning department

The local planning department has the power to investigate if there has been a breach of planning control. The authority can issue an enforcement notice if the neighbour has carried out building work without permission or is using the land for an unauthorised purpose.

·          Consult a solicitor/take court action

A letter from a solicitor may be helpful in making a neighbour realise that you are serious about your complaint. It may be particularly effective in making tenants realise that the next stage might be eviction by their landlord. It may also be necessary when, there is genuine disagreement as to who is responsible.

Although a particular dispute may be resolved successfully through the courts, the relationship between neighbours may be damaged. It is also an extremely expensive course of action to take unless the complainant is eligible for legal aid.

If you are thinking of taking court action you should consult an experienced adviser, for example, at a Citizens Advice Bureau. See: www.citizensadvice.org.uk/local/isle-of-wight/contact-us/

·          Moving home

If you really can't get on with your neighbour, you may think that your only course of action is to move. If you own your home and you move because of neighbour problems, you must not mislead prospective buyers about the problems that you've had. A seller has to fill out a form containing standard questions when selling their home.

These questions include one about disputes. A buyer can sue a seller who doesn't disclose a dispute, such as a neighbour dispute.

·          Abusive neighbour disputes and discrimination

Some behaviour by neighbours could amount to discrimination and may be against the law.

For example, you may have a problem with your neighbours because they are behaving in a racist way. If you have been attacked because of your race, this is called a 'racially motivated attack'. The person who attacked you may have committed a criminal offence. It is also a criminal offence to attack someone because of their religion. This is called a 'religiously motivated attack'.

Racially or religiously motivated attacks can include verbal abuse or threats and abusive slogans painted on a wall or building.

For more information about racially and religiously motivated attacks, see Racially and religiously motivated attacks.

If your neighbours are discriminating against you, you might be able to:

·          take action against them for antisocial behaviour

·          if you're being harassed or victimised, report them to the police

·          if you're being harassed or victimised, take them to court

·          report them to your local authority. The local authority may be able to help even if your neighbours are not local authority tenants.

If your neighbours are discriminating against you in any way, you should get help from an experienced adviser, for example, at a Citizens Advice Bureau. They will be able to advise you about the best course of action to take in your circumstances. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.