| Commentary

140 Exceptions

| Commentary

140 Exceptions

A tree preservation order does not apply to the cutting down, uprooting, topping or lopping of a tree if it is dead, dying or dangerous, or in compliance with an Act of Parliament, or to prevent or control a nuisance1. The ‘nuisance’ must be an infringement of third party rights, not a potential danger within the property2. Further, the nuisance must be an actionable nuisance3.

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