http://www.legislation.gov.uk/nisr/2012/122The Valuation Tribunal (Amendment) Rules (Northern Ireland) 2012Problems with neighboursenRATES;HIGH HEDGESStatute Law Database2023-01-24Expert Participation2012-04-16 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. 2012 No. 122 Rates High Hedges The Valuation Tribunal (Amendment) Rules (Northern Ireland) 2012 Made 12th March 2012 Coming into operation 16th 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) 2011 and Article 36A(3) of, and paragraphs 7 to 13 of Schedule 9B to, the Rates (Northern Ireland) Order 1977. Citation and commencement 1 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 2 The Valuation Tribunal Rules (Northern Ireland) 2007 are amended in accordance with rules 3 to 9. 3 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 section 7(1) or (3) of the 2011 Act; ; c after the definition of “appeal” insert— “credit card” means a card which — may be used on its own to pay for goods or services or to withdraw cash; and 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; ; and f in the definition of “respondent”— i in paragraph (b) omit “and”; and ii after paragraph (c) insert— and 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; . 4 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. . 5 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. 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 as if it were an appeal under Article 127(2)(b) of the Planning (Northern Ireland) Order 1991. 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 <Abbreviation Expansion="Et cetera" xml:lang="la">etc</Abbreviation> 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. . 7 In rule 11 (disposal by written representations) paragraph (1) for the words “An appeal” substitute “Subject to rule 11A, an appeal”. 8 After rule 11 (disposal by written representations) insert the following new rule— Special procedure for high hedge appeals 11A 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). . 9 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 Ford Minister of Justice SCHEDULE Rule 9
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.

 2011 c.21. S.I. 1977 No. 2157 (N.I. 28); Article 36A was inserted by Article 29(1) of the Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006 No. 2954 (N.I. 18)) and Schedule 9B was inserted by Article 29(2) of, and Schedule 1 to, that Order. These powers were transferred from the Lord Chancellor to the Department of Justice by Article 15(1) of, and paragraph 30 of Schedule 17 to, the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976). S.R. 2007 No. 182 as amended by S.R. 2008 No. 153 and S.R. 2010 No. 104. S.R. 1995 No. 78 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)). Rule 1 in operation at 16.4.2012, see rule 1Sch. in operation at 16.4.2012, see rule 1Rule 2 in operation at 16.4.2012, see rule 1Rule 3 in operation at 16.4.2012, see rule 1Rule 4 in operation at 16.4.2012, see rule 1Rule 5 in operation at 16.4.2012, see rule 1Rule 6 in operation at 16.4.2012, see rule 1Rule 7 in operation at 16.4.2012, see rule 1Rule 8 in operation at 16.4.2012, see rule 1Rule 9 in operation at 16.4.2012, see rule 1