NOTICES OF AMENDMENTS
given up to and including
Wednesday 18th June 2003
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
HIGH HEDGES (No. 2) BILL
NEW CLAUSES
Complaints and prior occupation
Mr Andrew Dismore
Mr Christopher Chope
NC1
To move the following Clause:—
'.—Nothing in this Act shall enable a complaint to be entertained in respect of the hedge which was in existence at a height of over 2 metres prior to the occupation or ownership of the land by the proposed complainant.'.
Adoption of provisions by relevant authorities
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
NC3
To move the following Clause:—
'(1) The provisions of sections 1 to 23 only apply to the area of a relevant authority if the authority has so resolved.
(2) If a relevant authority resolves to apply those sections to their area—
| (a) | those sections are to have effect there on and after a date specified in the resolution ("the commencement date"), which must be at least three months after the passing of the resolution, and |
| (b) | the relevant authority must cause a notice to be published, in two consecutive weeks ending at least two months before the commencement date, in a local newspaper circulating in their area. |
(3) A notice published under subsection (2)(b) must—
| (a) | state that the resolution has been passed, |
| (b) | give the commencement date, and |
| (c) | set out the general effect of those sections.'. |
Liability for cost of reduction
Mr Edward Leigh
Mr Christopher Chope
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
NC4
To move the following Clause:—
'The complainant shall pay for the cost of reducing in height any hedge which the authority has decided action should be taken in respect of under section 4.'.
Regulatory impact assessments
Mr Christopher Chope
NC5
To move the following Clause:—
'Before making regulations under this Act the Secretary of State must issue a full regulatory impact assessment setting out details of the costs and benefits and the wider economic, social and environmental impact of the proposed regulations.'.
Complaint where relevant authority is owner or occupier of land
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
NC6
*To move the following Clause:—
'If a complaint under this Act is brought in respect of land of which a "relevant authority" 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.'.
Guidance
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
NC7
*To move the following Clause:—
'(1) The Secretary of State may by regulations issue guidance to local authorities in England on the application of the provisions of this Act.
(2) The National Assembly for Wales may by regulations issue guidance to local authorities in Wales on the application of the provisions of this Act.'.
Mr Andrew Dismore
1
Page 1, line 5 [Clause 1], leave out 'domestic'.
Mr Christopher Chope
49
Page 1, line 7 [Clause 1], after 'by', insert 'an unreasonable obstruction of light caused by'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
91
*Page 1, line 7 [Clause 1], after 'on', insert 'adjoining'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
77
*Page 1 [Clause 1], leave out lines 9 to 20.
Mr Andrew Dismore
2
Page 1 [Clause 1], leave out lines 9 to 22.
Mr Christopher Chope
50
Page 1, line 13 [Clause 1], after 'by', insert 'an unreasonable obstruction of light caused by'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
92
*Page 1, line 14 [Clause 1], after 'on', insert 'adjoining'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
87
*Page 1, line 17 [Clause 1], after the first 'of', insert 'the obstruction of light caused by'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
55
*Page 1, line 20 [Clause 1], at end insert—
'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.'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
71
*Page 1, line 20 [Clause 1], at end insert—
'This Act shall not apply to any land situated within a conservation area'.
Mr Edward Leigh
Mr Christopher Chope
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
44
Page 1, line 20 [Clause 1], at end insert—
'( ) This Act only applies to urban areas.'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
60
*Page 1, line 20 [Clause 1], at end insert—
'( ) Nothing in this Act shall apply to a hedge growing in a National Park'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
62
*Page 1, line 20 [Clause 1], at end insert—
'( ) Nothing in this Act shall apply to a hedge growing in a cemetery or burial ground'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
68
*Page 1, line 20 [Clause 1], at end insert—
'( ) This Act shall not apply to any land situated within a rural area'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
70
*Page 1, line 20 [Clause 1], at end insert—
'( ) This Act shall not apply to any tree which is protected by a tree preservation order'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
59
*Page 1, line 20 [Clause 1], at end insert—
'( ) Nothing in this Act shall apply to a hedge growing in public open space'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
61
*Page 1, line 20 [Clause 1], at end insert—
'( ) Nothing in this Act shall apply to a hedge growing within the curtilege of a school or other educational establishment'.
Mr Edward Leigh
Mr Christopher Chope
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
43
Page 1, line 20 [Clause 1], at end insert—
'( ) This Act does not apply to hedges more than 10 metres from the complainants house.'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
58
*Page 1, line 20 [Clause 1], at end insert—
'( ) Nothing in this Act shall apply to a hedge situated within 3 metres of any public highway.'.
Mr Christopher Chope
51
Page 1, line 22 [Clause 1], leave out subsection (4).
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
41
Page 1, line 22 [Clause 1], at end insert—
'( ) This Act shall only apply to hedges which were planted or otherwise came into existence after the commencement of the Act.'.
Mr Andrew Dismore
3
Page 2, line 6 [Clause 1], at end insert 'or prospective owner or occupier.'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
69
*Page 2, line 12 [Clause 1], at end insert '"rural area" means any ward or postcode sector which is outside a settlement of 10,000 or more people'.
Mr Christopher Chope
46
Page 2, line 14 [Clause 2], leave out 'or access'.
Mr Andrew Dismore
4
Page 2, line 15 [Clause 2], leave out 'a line of two or more evergreens' and insert 'a tree, shrub or line of two or more trees or shrubs.'.
Mr Geoffrey Clifton-Brown
53
*Page 2, line 15 [Clause 2], leave out 'line' and insert 'row'.
Mr Christopher Chope
Mr Edward Leigh
Mr John Gummer
Mr Greg Knight
Sir Paul Beresford
78
*Page 2, line 15 [Clause 2], leave out 'two' and insert 'four'.
