Commentary on provisions of the Act Part 1: Further and supplementary provisions Trees on neighbouring land
Paragraph 7 provides for cases where trees overhang or otherwise encroach on land used for the purposes of Phase One. The nominated undertaker may serve a notice ("a tree works notice") on the occupier of the land requiring the occupier to remove or prune a tree or cut its roots for maintenance or safety reasons. The occupier may then serve a counter notice within 28 days in which case the tree works notice only has effect if confirmed by the county court. If a tree works notice is in effect for a continuous period of 28 days without being complied with, the nominated undertaker may enter the land and carry out the tree works.
	Paragraph 7(8) provides that works required by a tree works notice may be carried out on a tree which is subject to a tree preservation order or which is in a conservation area.