Mr John Taylor (Solihull, Conservative)

Clause 9 describes the Secretary of State's powers in determining appeals. In practice, of course, those powers will be exercised by the planning inspectorate. The clause enables it to allow or dismiss appeals, either in total or in part, to quash or vary remedial notices and to issue such notices in cases in which the local authority decides not to do so.

Dr Lynne Jones (Birmingham, Selly Oak, Labour)

In certain circumstances, the aggrieved party might go to appeal because of the inspectorate's decision to issue a remedial notice following the failure of the local authority to do so. As I understand it, the owner of the hedge would then have no right of appeal against that remedial notice. It is worth considering the possibility of taking a second look at that, perhaps through a referral to the parliamentary ombudsman.

Mr John Taylor (Solihull, Conservative)

I am afraid that I was somewhat distracted during the course of the hon. Lady's comments. I undertake to speak to her about any reservations that she may have—possibly this morning, if she will permit that, and certainly before the Bill makes further progress, as I am anxious to secure her continuing support.

Mr Bob Ainsworth (Parliamentary Under-Secretary, Department of the Environment, Transport and the Regions; Coventry North East, Labour)

I do not know whether this is helpful to the hon. Gentleman, but I remind him that the Secretary of State—or the planning inspectorate exercising powers passed to it by the Secretary of State—will have to take into account all views, including those of both parties, when deciding on an appeal against a remedial notice. Both sides will be able to put their point of view before the decision is taken. I do not know whether that is satisfactory response to the point raised by my hon. Friend the Member for Birmingham, Selly Oak (Dr. Jones), but I assure her that the Bill ensures that both the person who makes the complaint and the person about whom the complaint is made are able to express their point of view during the appeal process.

Mr John Taylor (Solihull, Conservative)

I conclude my occupancy of the Floor, as I suspect that the hon. Member for Birmingham, Selly Oak wishes to speak again.

Dr Lynne Jones (Birmingham, Selly Oak, Labour)

I thank the hon. Gentleman. I do not want to obstruct the Bill in any way and I shall support the clause, but I thought it important to make that point so that people are aware of it. Although it is likely to be a rare occurrence, the Government should bear it in mind.

Question put and agreed to.

Clause 9 ordered to stand part of the Bill.