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Amendments to the High Hedges Bill [HL]

High Hedges Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS GARDNER OF PARKES

1Page 1, line 7, after "of" insert "natural"
2Page 1, line 7, after "light" insert ";
2(ii)     loss of amenity, whether in the dwelling or in any garden or yard associated with the dwelling; or
(iii)    damage to any property, including damage to plants or soil"
 

THE BARONESS HAMWEE
[As an amendment to amendment 2]

3Line 2, at beginning insert "unreasonable"
 

THE LORD METHUEN

4Page 1, line 7, after "hedge" insert "or plantation of trees"
 

Clause 2

 

THE LORD METHUEN

5Page 2, line 11, leave out "evergreens" and insert "evergreen or deciduous trees"
 

THE BARONESS HAMWEE

6Page 2, line 12, leave out paragraph (a)
 

THE LORD METHUEN

7Page 2, line 13, at end insert—
"(1A)  In this Act "plantation" means a group of cultivated trees—
(a)  which are grown for domestic or commercial purposes;
(b)  whose height exceeds two metres."
 

THE BARONESS HAMWEE

8Page 2, line 16, leave out paragraph (b)
 

THE BARONESS GARDNER OF PARKES

9Page 2, line 18, at end insert—
"(c)  a group of evergreens is to be regarded as forming a barrier, irrespective of the existence of a fence, wall or other barrier, if the siting of the group of evergreens is such as to lead to the adverse effects mentioned in section 1(1)."
 

Clause 3

 

THE BARONESS GARDNER OF PARKES

10Page 2, line 25, at end insert "but does not mean any building or part of a building in commercial use"
 

Clause 4

 

THE BARONESS GARDNER OF PARKES

11Page 2, line 38, after "is" insert "malicious,"
12*Page 2, line 38, at end insert—
"(   )  that the complainant has not notified the person referred to in section 1(1)(b) against whom the complaint is being made,"
 

THE BARONESS HAMWEE

13Page 2, line 39, at end insert "or the authority may postpone a decision if it considers that the matters complained of are capable of resolution by other means"
 

THE BARONESS GARDNER OF PARKES

14Page 3, line 17, at end insert—
"(d)  the date of planting the hedge, and whether the decision to plant the hedge displayed malicious intent."
 

Clause 5

 

THE LORD METHUEN

15Page 4, line 25, at end insert—
"(c)  in the case of a plantation, a reduction in height to less than two metres of sufficient trees in the plantation to mitigate the obstruction of light or loss of amenity."
 

THE BARONESS GARDNER OF PARKES

16Page 4, line 41, at end insert—
"(9)  For the avoidance of doubt, a remedial order under this Act shall override any tree preservation order or any preservation order imposed under the Town and Country Planning Act 1990 (c. 8)."
 

Clause 6

 

THE BARONESS HAMWEE

17Page 5, line 45, at end insert—
"(   )  The Secretary of State shall after consultation with representatives of local government issue guidance to local authorities with regard to the exercise of their powers and functions pursuant to this Act."
 

Clause 15

 

THE BARONESS HAMWEE

18Page 11, line 38, after "interest" insert "for a term of not less than five years"

 
 
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8 January 2003