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Channel Tunnel Rail Link Act 1996

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This is the original version (as it was originally enacted).

27Power to deal with trees on neighbouring land

(1)Where any tree overhangs land used for the purposes of the nominated undertaker’s undertaking under this Part of this Act, the nominated undertaker may by notice to the occupier of the land on which the tree is growing require the tree to be removed, topped or lopped if it is necessary for that to be done—

(a)to enable the works authorised by this Part of this Act to be maintained, or

(b)for reasons of safety in connection with the operation of any railway comprised in those works.

(2)If, within the period of 28 days beginning with the giving by the nominated undertaker of a notice under subsection (1) above, the occupier of the land on which the tree to which the notice relates is growing gives the nominated undertaker a counter-notice objecting to the removal, topping or lopping of the tree, the notice shall have effect only if confirmed by an order of the county court.

(3)If at any time a notice under subsection (1) above has not been complied with and either—

(a)a period of 28 days beginning with the giving of the notice has expired without a counter-notice having been given, or

(b)an order of the court confirming the notice has come into force,

the nominated undertaker may itself cause the tree to which the notice relates to be removed, topped or lopped as mentioned in subsection (1) above.

(4)Where the power conferred by subsection (3) above is exercisable in relation to any tree, the nominated undertaker may—

(a)enter the land on which the tree is growing for the purpose of exercising that power in relation to it, and

(b)take with it such vehicles and equipment as are necessary for that purpose.

(5)Where the nominated undertaker tops or lops a tree in exercise of the power conferred by subsection (3) above, it shall do so in a husband-like manner and in such a way as to cause the minimum of damage to the tree.

(6)Where—

(a)a notice under subsection (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or

(b)the nominated undertaker exercises the power conferred by subsection (3) above,

the county court shall, on application made by a person who has suffered loss or damage in consequence of the removal, topping or lopping of the tree concerned or who has incurred expenses in complying with the notice, order the nominated undertaker to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.

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