HC Deb 10 May 1976 vol 911 cc126-7
Mr. Guy Barnett

I beg to move Amendment No. 52, in page 31, line 9, at end insert: (3A) Where it appears to such a council that a tree on land in the area of the council which is not owned or occupied by the council is in such a condition that it is likely to cause damage to persons or property on other land in that area which is owned or occupied by the council, subsection (2) (except paragraph (b)) of this section, or as the case may require subsection (3) (except paragraph (b)) of this section shall apply as if the other land were occupied by another person and he had duly given notice to the council in pursuance of that subsection in respect of the tree".

Mr. Deputy Speaker

With this we are to take Amendments No. 53 and No. 54.

Mr. Barnett

These amendments enable a district council, a London borough council or the Common Council of the City of London to take appropriate action when it considers that a tree on adjoining land is likely to cause damage to persons or property on land owned or occupied by the council. That is to say, where it does not know the owner or occupier of the land containing the tree, it may enter on the land and make the tree safe and, where it knows the owner or occupier of the land, it may serve a notice on him requiring him to make the tree safe.

The clause as it stands enables such a council to take action when an owner or occupier complains that his property is threatened by a dangerous tree on adjoining land but gives a council no right to take the initiative when the council's property is threatened by a dangerous tree on adjoining land.

This amendment is being moved in response to a point raised in Committee.

Amendment agreed to.

Amendments made: No. 53, in page 31, line 11, leave out "the preceding subsection" and insert: subsection (3) of this section".

No. 54, in page 31, line 18 leave out "the preceding" and insert "that".

No. 55, in page 31, line 28, leave out from first "the" to "to" in line 31 and insert: references in subsections (2) and (3) of that section to paragraph (b) of subsection (1) of that section there were substituted references to paragraph (d) of the preceding subsection, for the references in subsections (3) and (4) of that section to the relevant place there were substituted references to the land on which the tree is situated and for the reference in subsection (3A) of that section to section 19 of this Act and the reference in subsection (5) of that section".—[Mr. Guy Barnett.]

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