Mr John Taylor (Solihull, Conservative)

The subject of clause 6 follows on from our most recent exchange in Committee. A remedial notice could last for ever, or at least for as long as the hedge remains on the site. It is therefore important that the notice is not set in stone. Clause 6 provides that a local authority can vary or withdraw a remedial notice in certain circumstances.

The Bill covers two main sets of circumstances in which such provisions may be used, the first of which is when both parties apply jointly to have the remedial notice varied or withdrawn. Such an application can be made at any time after the notice is issued. For example, the local authority might specify a lower height than the complainant or hedge owner is happy about and together they could agree a higher limit. New occupants of the properties might later decide that there is no need for the formality of a remedial notice and that they are happy to rely on amicable agreement.

Secondly, either party can apply for a variation or withdrawal of a notice, but the local authority will only look at the matter if there has been a material change in circumstances since it was last considered. An application can be made only after the period for reducing the height of the hedge—for its first cut, as it were—has passed. In practice, people could apply only to vary or remove any continuing obligation to keep the hedge at its reduced height.

The Bill provides powers that allow the Secretary of State to set down regulations about the procedure for dealing with those cases. I understand that the Government intend to consult on draft regulations. Final regulations will be subject to the negative resolution procedure.

Question put and agreed to.

Clause 6 ordered to stand part of the Bill.