Dispensations
19 Application for dispensation
(1) Subject to subclause (3), a tree owner to whom a works owner gives a
hazard warning notice or a cut or trim notice in respect of a tree may apply to
the works owner for a dispensation from the cutting or trimming of that tree so
that it does not encroach the notice zone.
(2) If a dispensation is granted,---
(a) the tree owner is not required to cut or trim the tree so that it
does not encroach the notice zone and the works owner may not exercise the
power
conferred by regulation 11(2); but
(b) the tree owner must ensure that the tree to which the dispensation
relates does not encroach into the growth limit zone beyond the dispensation
zone.
(3) An application for a dispensation,---
(a) if the tree owner is given a hazard warning notice but has not been
given a cut or trim notice, may be made at any time; and
(b) if the tree owner is given a cut or trim notice, must be made no
later than 5 working days after the date on which the tree owner received that
notice.
(4) An application for a dispensation must be in writing and be given in the
manner required by regulation 23.
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