AIE - Document Review - Circular 9/77

Document Summary

Department of the Environment - Circular 9/77 - Local Government (Miscellaneous Provisions) Act 1976

This circular was published in January 1977 and provides advice on using the legislation contained within the above act of parliament. A welsh version is available from the Welsh office as Circular 8/77.

Appendix A contains a reference to the powers contained within the Act that allow Local Authorities to deal with dangerous trees.

Section 23 and 24 of this act allows the council to deal with dangerous trees located on private land, when asked to do so by the owner of the tree or by a neighbour threatened by the tree. The councils powers are discretionary and intended to be used as a last resort. The Council can serve notice on the tree owner to make the tree safe or if the tree is in imminent danger of causing damage the council can deal with it themselves. This also applies if the owner of the tree is unknown and can not be traced. The council can also recover expenses for the works from the owner or occupier.

Circular 9/77 - Local Government (Miscellaneous Provisions) Act 1976. Copies of this circular are available from the Department of the Environment, Transport and the Regions (DETR).

Although the above summary is deemed to be true and correct, it is possible that errors may exist, henceforth the AIE can not accept any responsibility for any action which may arise from its use. It is recommended that prior to using such information for legal purposes or when instigating any kind of legal action, advice be first sought from a solicitor. Please read our Disclaimer.