HC Deb 23 October 1968 vol 770 cc1497-8

Lords Amendment No. 133: In page 59, line 7, at end insert new Clause it "N": N.—(1) The provisions which may by virtue of subsection (1)(c) of section 29 of the principal Act (tree preservation orders) be applied by such an order in relation to any consent thereunder shall include section 69 of this Act. (2) Regulations made by virtue of section 29(5) of the principal Act may (without prejudice to the generality of that subsection) make provision as follows:—

  1. (a) that, before a tree preservation order is submitted to the Minister for confirmation, notice of the making of the order shall be given to the owners and occupiers of land affected by the order and to such other persons, if any, as may be specified in the regulations;
  2. (b) that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered before the order is confirmed by the Minister;
  3. (c) that, if no objections or representations are so made, or if any so made are withdrawn, the order, instead of requiring the confirmation of the Minister in accordance with section 29(4) of the principal Act, may be confirmed (but without any modification) as an unopposed order, by the authority who made it; and
  4. (d) that copies of the order, when confirmed by the Minister or the authority, shall be served on such persons as may be specified in the regulations."

Read a Second time.

Mr. Skeffington

I beg to move, That this House doth agree with the Lords in the said Amendment.

The point about this Amendment is that there is now a general desire to prevent appeals coming into Whitehall wherever that is possible, and where there is no risk to the rights of the individual. In the overwhelming number of tree preservation orders—about 75 per cent.—they are unopposed and it is suggested and this Clause provides that where there is no objection to orders they can be confirmed by the authorities making them.

Where there is an objection all the normal procedures will continue. This gives the local authority some powers. It will certainly save time, and I hope that it will commend itself to the House.

Mr. Graham Page

The Amendment does not say how long the objector will have in which to make his objections. I should be grateful if the Parliamentary Secretary can tell us what period is to be laid down in the regulations. It all depends whether an objector is to have an opportunity to object.

Mr. Skeffington

With the leave of the House, I should point out that the notice which accompanies the order states that the period of objection is 28 days.

Question put and agreed to.

Subsequent Lords Amendment agreed to.

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