Hedges (Control) Bill

Hedges (Control) Bill - continued	House of Commons

back to previous text

S C H E D U L E

MINOR AND CONSEQUENTIAL AMENDMENTS

PART I

ENGLAND AND WALES

1. The Town and Country Planning Act 1990 is amended as follows.

2. In section 4(2) (national parks) and in section 4A(4) (national parks with national park authorities), for "211 to 215" there shall be substituted "211 to 215A".

3. In section 5(3) (the Broads), for "211 to 214, 215" there shall be substituted "211 to 215A".

4. In section 216 (penalty for non-compliance with s 215 notice)-

(a) in the title and in subsection (5), after "215" there shall be inserted "or 215A";

(b) for subsections (1) to (3) there shall be substituted-

	"(1) Where a notice has been served under section 215, and any owner or occupier of the land on whom the notice was served fails to take steps required by the notice within the period specified in it for compliance with it, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
	(2) Where a notice has been served under section 215A, and any owner or occupier of the hedge on whom the notice was served fails to take steps required by the notice within the period specified in it for compliance with it, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
	(3) Where proceedings have been brought under subsection (1) against a person as the owner of the land, or where proceedings have been brought under subsection (2) against a person as the owner of the hedge, and he has, at some time before the end of the compliance period, ceased to be the owner, if he-
	(a) duly lays information to that effect, and
	(b) gives the prosecution not less than three clear days' notice of his intention,
	he shall be entitled to have the person who then became the owner brought before the court in the proceedings.";

5. After section 218 there shall be inserted the following new section-

"Appeal against notice under section 215A.	218A. - (1) A person on whom a copy of a notice under section 215A is served, or any other person having an interest in the land on which is growing all or any part of the hedge to which the notice relates, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal against the notice on any of the grounds set out in subsection (2).
	(2) The grounds referred to in subsection (1) are as follows-
	(a) that the condition of the land or, as the case may be, the size or condition of the hedge to which the notice relates does not adversely affect the amenity of any part of the land of the local planning authority who issued the notice, or of any adjoining area;
	(b) that the requirements of the notice exceed what is necessary for preventing the condition of the land or, as the case may be, the hedge from adversely affecting the amenity of any part of the land of the local planning authority who issued the notice, or of any adjoining area;
	(c) that the period specified for compliance with the notice falls short of what should reasonably be allowed; and
	(d) that the notice was served other than in accordance with section 215A.
	(3) An appeal under this section shall be made by notice in writing to the Secretary of State.
	(4) The provisions of sections 174(4) and (5), 175(1) to (3), and 176(3) shall apply to appeals under this section as they apply to an appeal under section 174.
	(5) On an appeal under this section, the Secretary of State-
	(a) may correct any informality, defect or technical error in the notice if he is satisfied that it is not material, and
	(b) may disregard the failure of the local planning authority to serve the notice upon a person upon whom it should have been served, if it appears to him that neither that person nor the appellant has been prejudiced by that failure.
	(6) Where an appeal is brought under this section, the notice under section 215A shall be of no effect pending the final determination, or the withdrawal, of the appeal.
	(7) In determining an appeal under this section, the Secretary of State shall give such directions as seem to him appropriate; and these may include directions for quashing the notice or for varying its terms in favour of the appellant.
	(8) Schedule 6 applies to appeals under this section.".

6. In section 219 (execution and cost of works required by s 215 notice)-

(a) in the title and in subsections (1), (2), (3) and (4), after "215" there shall be inserted "or 215A";

(b) in subsection (1), the words "subsection (2) of" shall be omitted; and

"(6) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable under summary conviction to a fine not exceeding level 3 on the standard scale.".

7. In section 285 (validity of enforcement notices and similar notices), in subsection (3) after "section 215" there shall be inserted "or 215A".

8. In section 289 (appeals to High Court relating to enforcement notices and notices under s 207), in the title and in subsections (2) and (4B), for "section 207" there shall be substituted "sections 207, 215 or 215A".

9. In section 296(2)(a) (exercise of powers in relation to Crown land), for "or 215" there shall be substituted ", 215 or 215A".

10. In paragraph 14 of Schedule 1 (local planning authorities: distribution of functions), for "section 215" there shall be substituted "sections 215 and 215A".

Prepared 22 March 1999