Amendment Paper as at
Friday 27th April 2001
CONSIDERATION OF BILL
HIGH HEDGES BILL
NEW CLAUSES
Non-compliance due to terms of tenancy
Mr Andrew Dismore
Mr Eric Forth
NC1
To move the following Clause:—
'.In the event of a dispute between a non-resident owner and the occupier of the land on which the hedge is situated it shall be a defence for the occupier to show that he is prevented from complying with a remedial order by the terms of his tenancy, lease or licence to occupy.'.
Non-compliance due to terms of lease
Mr Andrew Dismore
NC2
To move the following Clause:—
'.If an occupier can show that he is prevented from complying with a remedial order due to a term of his lease, tenancy or licence to occupy, that term shall be rendered void to the extent necessary to permit compliance.'.
No liability of local authority
Mr Andrew Dismore
NC3
To move the following Clause:—
'.Nothing done under this Act by a local authority shall give any person a right to claim damages against that authority.'.
Suspension of remedial notice
Mr Andrew Dismore
Mr Eric Forth
NC4
To move the following Clause:—
'.In the event of—
(a) an application for variation or withdrawal of a remedial notice; or
(b) an appeal against a remedial notice;
that notice shall be suspended pending the outcome of the application or appeal.'.
Moratorium on complaints
Mr Andrew Dismore
Mr Eric Forth
NC5
To move the following Clause:—
'.In the event of an unsuccessful complaint, no further complaint in respect of the same hedge shall be entertained by the local authority for a period of two years.'.
Compliance with the Human Rights Act 1998
Mr Andrew Dismore
NC6
To move the following Clause:—
'.This Act shall not come into force until it has been certified as compliant with the Human Rights Act 1998 by the Secretary of State.'.
Hedge on land owned or leased by local authority
Mr Andrew Dismore
NC7
To move the following Clause:—
'.In the event that the hedge is situated on land owned or leased by the local authority, the complaint shall be made to and determined by the Secretary of State.'.
Complaint by local authority
Mr Andrew Dismore
NC8
To move the following Clause:—
'.In the event that the complainant is itself the local authority, the complaint shall be made to and determined by the Secretary of State.'.
Established hedges
Mr Christopher Chope
NC9
To move the following Clause:—
'.No complaint shall be made under this Act in relation to a high hedge by the owner or occupier of a domestic property if that property was constructed after the hedge was established.'.
Complaint where relevant authority is owner or occupier of land
Mr Christopher Chope
NC10
To move the following Clause:—
'.If a complaint under this Act is brought in respect of land of which a "relevant authority" within the meaning of section 1 is the owner or occupier it shall be referred forthwith by that authority to the Local Government Association which shall nominate another local authority to consider the complaint.'.
Offences committed by bodies corporate
Mr Eric Forth
NC11
To move the following Clause:—
'.—Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any person who was purporting to act in the capacity of a director, manager, secretary or other similar officer of the body corporate without the knowledge of the body corporate, that person shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.'.
Mr Andrew Dismore
5
Page 1, line 8 [Clause 1], leave out 'domestic'.
Mr Andrew Dismore
1
Page 1, line 8 [Clause 1], after 'property', insert 'whether or not that property directly neighbours the land referred to in paragraph (b);'.
Mr Eric Forth
82
Page 1, line 8 [Clause 1], after 'property', insert '(providing that person is registered to vote at that address)'.
Mr Christopher Chope
55
Page 1, line 11 [Clause 1], after 'on', insert 'adjoining'.
Mr Christopher Chope
56
Page 1 [Clause 1], leave out lines 14 to 16.
Mr Andrew Dismore
6
Page 1, line 14 [Clause 1], leave out 'domestic'.
Mr Eric Forth
83
Page 1, line 16 [Clause 1], at end insert '(providing that person is registered to vote at that address)'.
Mr Christopher Chope
57
Page 1, line 17 [Clause 1], after second 'the', insert 'adjoining'.
Mr Andrew Dismore
7
Page 1, line 22 [Clause 1], leave out 'domestic'.
Mr Andrew Dismore
8
Page 2, line 3 [Clause 1], leave out 'domestic'.
Mr Christopher Chope
54
Page 2, line 6 [Clause 1], at end insert—
'(5) No complaint shall be made under this section by an occupier of domestic property without the consent of the owner of that property.'.
Mr Andrew Dismore
3
Page 2, line 7 [Clause 2], leave out from 'means' to first 'a' in line 9 and insert 'a tree, shrub or two or more trees or shrubs forming'.
Mr Christopher Chope
58
Page 2, line 7 [Clause 2], leave out 'two' and insert 'six'.
Mr Eric Forth
84
Page 2, line 7 [Clause 2], leave out 'two' and insert 'three'.
Mr Christopher Chope
59
Page 2, line 7 [Clause 2], leave out 'adjacent' and insert 'adjoining'.
Mr Andrew Dismore
2
Page 2, line 8 [Clause 2], leave out 'evergreens' and insert 'trees or shrubs'.
Mr Christopher Chope
60
Page 2, line 8 [Clause 2], leave out 'evergreens' and insert 'conifers'.
Mr Eric Forth
70
Page 2, line 8 [Clause 2], leave out 'evergreens' and insert 'plants, bushes, shrubs or trees'.
Mr Christopher Chope
61
Page 2, line 10 [Clause 2], leave out 'two metres' and insert 'twelve feet'.
Mr Eric Forth
85
Page 2, line 10 [Clause 2], leave out 'two metres' and insert 'six feet'.
Mr Christopher Chope
62
Page 2 [Clause 2], leave out line 12 and insert—
'(a) "conifer" means any tree that bears or is capable of bearing cones.'.
Mr Eric Forth
71
Page 2 [Clause 2], leave out line 12.
Mr Christopher Chope
63
Page 2, line 13 [Clause 2], leave out 'or shrub'.
Mr Eric Forth
86
Page 2, line 14 [Clause 2], leave out from second 'gaps' to end of line 15 and insert 'between the extremities of each of the trees or shrubs do not exceed six feet in width.'.
Mr Andrew Dismore
Mr Eric Forth
4
Page 2, line 15 [Clause 2], at end insert—
'(c) "ground level" means the height of the land of the complainant.'.
Mr Christopher Chope
64
Page 2, line 17 [Clause 3], leave out from 'dwelling' to end of line 19.
Mr Andrew Dismore
9
Page 2, line 19 [Clause 3], at end insert 'or an allotment'.
Mr Eric Forth
87
Page 2, line 19 [Clause 3], at end insert 'and is contiguous with that dwelling'.
Mr Christopher Chope
117
Page 2, line 29 [Clause 4], at end insert—
'(1A) The authority shall dismiss a complaint if the height of the hedge in metresis less than D + 2, where D is the distance in metres between the hedge and thenearest outside window wall of the complainant's property.'.
Mr Christopher Chope
65
Page 2, line 30 [Clause 4], after 'authority', insert 'within twenty-eight days of receipt of the complaint.'.
