Article 5C High hedges grounds of appeal - Withdrawal etc of remedial noticeF1

a remedial notice is withdrawn without the agreement of the complainant; and

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.

that there has been no material change in circumstances since the notice was issued that justifies the waiver or relaxation of its requirements;

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

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.