Surgeries.
4:30-5pm, Tuesday 5th September, Cowes
Library, Beckford Road, Cowes.
5:30-6pm, Tuesday 5th September, Sports Bar,
Isle of Wight Community Club, Park Road, Cowes.
11-11:30am, Friday 8th September, Gurnard
Press, Worsley Road, Gurnard.
6-6:30pm, Wednesday 13th September, The
Portland, Worsley Road, Gurnard.
3-3:30pm, Wednesday 20th September, Cowes
Enterprise College, Crossfield Avenue, Cowes.
1-1:30pm, Friday 22nd September, The Little Gloster, Marsh Road, Gurnard.
10:30-11:30pm, Thursday 28th September, All Saints Church, Worsley Road, Gurnard.
12-12:30pm, Thursday 28th September, Eegon’s, 72 High Street, Cowes.
4:30-5pm, Tuesday 3rd October, Cowes Library,
Beckford Road, Cowes.
5:30-6pm, Tuesday 3rd October, Sports Bar,
Isle of Wight Community Club, Park Road, Cowes.
Gurnard Neighbourhood
Plan. 7am-10pm,
Thursday 7th September,
Gurnard Village Hall.
Following support from Planning Inspectors
and the IW Council, this will go to referendum on 7am-10pm, Thursday 7th
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 6th September; Thursday 21st September and Wednesday 4th 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 20th September.
Noke
Common
will be closed for resurfacing from 8th
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:
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
1st 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 3rd 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.
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 13th 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.
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.
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.
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.
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