Dr Jacqueline Granleese (Appellant) and Belfast City Council (Respondent)
| Jurisdiction | Northern Ireland |
| Judge | Mr Leonard |
| Judgment Date | 29 March 2022 |
| Neutral Citation | NIVT 19/20 |
| Court | Valuation Tribunal (NI) |
| Date | 29 March 2022 |
NORTHERN IRELAND VALUATION TRIBUNAL
THE HIGH HEDGES ACT (NORTHERN IRELAND) 2011 AND THE VALUATION
TRIBUNAL RULES (NORTHERN IRELAND) 2007 (AS AMENDED)
CASE REFERENCE NUMBER: 19/20
DR JACQUELINE GRANLEESE - APPELLANT
AND
BELFAST CITY COUNCIL - RESPONDENT
Northern Ireland Valuation Tribunal
Chairman: Mr James Leonard, President
Member: Mr Tim Hopkins FRICS
Hearing: 21 February 2022, Belfast
DECISION
The unanimous decision of the tribunal, for the reasons provided below, is that the
appellant's appeal against a Remedial Notice dated 16 November 2020 is not upheld and
the tribunal Orders the appellant’s appeal in this matter to be dismissed.
REASONS
Introduction
1. This is a reference under the High Hedges Act (Northern Ireland) 2011 ("the 2011
Act"). The statutory regime is prescribed by the 2011 Act and by the regulations
made thereunder and this regime provides for a site visit by the Valuation Member of
the tribunal and, thereafter, for a consideration of the appeal by a tribunal constituted
of a Legal Member and the Valuation Member. There is no oral hearing in these
cases; any evidence is derived from the Valuation Member’s site visit and inspection
of the locus and, further, from any documentary evidence (including electronic)
received by the tribunal. All evidence thus available to the tribunal, from whatever
source, was fully considered by the tribunal before reaching a determination.
The Background and the Complaint
2. This appeal arises from a complaint about what is stated to be a high hedge situated
upon property at 15 Rosemount Park, Belfast BT5 7TR (“the subject property”). The
appellant, Dr Jacqueline Granleese, is the owner of the subject property. A
neighbour of the appellant, Mr Jackie Lau (“the complainant”), resides at 17
Rosemount Park, Belfast BT5 7TR. In the determination that follows the expression
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