Byelaws

Where trees or hedges get out of hand problems can occur, such as where a high hedge restricts someone’s use or enjoyment of their property. The Trees and High Hedges Act 2005 was introduced to address this problem. Under this legislation Local Authorities have delegated powers to deal with complaints about tree(s) and high hedges, however, they can only intervene once an individual has tried and exhausted all other avenues of resolving their dispute.

For further advice please visit https://www.gov.im/categories/planning-and-building-control/trees-and-high-hedges

Rectifying dangerous, unsightly, or dilapidated property is the responsibility of the owner of the building or land. Where the condition of the property is seriously detrimental to the amenities of the neighbourhood, the local authority can take action under the Building Control Act or the Local Government (Miscellaneous Provisions) Act.

Anti-social behaviour is behaviour which is unreasonable and persistently interferes with other people’s ability to enjoy their home. The Criminal Justice Act allows the local authority to use Acceptable Behaviour Contracts (ABC).  An ABC is a written agreement between the person, the Local Authority, and the police which is voluntarily entered into. The agreement aims to prevent the person from carrying out further behaviour that causes alarm or distress to other tenants or residents in the area. Should any individual persist with acts of anti-social behaviour, breaching an existing ABC, the legislation allows for the local authority to apply to the courts for an Anti-Social Behaviour Order (ASBO). An ASBO is a court-imposed order, which if breached may lead to a custodial sentence. We do not classify everything reported to us as anti-social behaviour and our Community Warden is the main point for all queries relating to anti-social behaviour matters.

Local authorities must investigate complaints about issues that could be a ‘statutory nuisance’, If their investigation establishes that a statutory nuisance is happening, has happened or will happen in the future, the local authority must serve an abatement notice (usually on the person responsible). Issues that may be a statutory nuisance include, noise, smoke, odour, dust or effluvia, or any other matter declared by the Public Health Act 1990 or any other enactment to be a statutory nuisance. However, for the issue to count as a statutory nuisance it must do one of the following – unreasonably and substantially interfere with the use or enjoyment of a home or other premises or injure health or be likely to injure health. As artificial light nuisance is not covered by the Public Health Act 1990, the Commissioners have included this in their General Byelaws.

Abandoned vehicles can be unsightly and can lower the quality of life in neighbourhoods, they often take up valuable parking spaces and can quickly become dangerous or filled with waste. It is unlawful to leave a vehicle abandoned on any road, land, or open space in such a condition that it may reasonably be assumed to have been abandoned. If the local authority determines that a vehicle has been abandoned, then the Act permits them to remove the vehicle and deliver it to the Department of Infrastructure. The removal and storage charges will be the responsibility of the vehicle owner.

The local authority has appointed an authorised officer to deal with contraventions of their off-street parking regulations which are applicable to car parks etc. within the ownership of the authority. The Department of Infrastructure, Highways Services have also authorised an officer of the local authority to deal with certain issues relating to the contravention of on-street parking laws.

For further information on any of the above please contact the Community Warden, Paul Parker, via our Contact Form.