In accordance with Section 100B(4)(b) of the Local Government Act 1972 the Cabinet Member had agreed that this could be added as an item of urgent business as approval was required so that action could be taken as soon as possible on the dangerous tree.
The Cabinet Member considered a report requesting action be taken under the Local Government Act (Miscellaneous Provisions) Act 1976 to make safe a dangerous tree in the garden of 44 Arlington Drive, Macclesfield.
Under the Local Government (Miscellaneous Provisions) Act 1976, the Council had discretionary powers to make safe dangerous trees as a means of last resort in order to avoid causing “damage to persons or property.”
The owners of 42 Arlington Drive, Macclesfield, had contacted the Council in June 2012 about a tree within the front garden of 44 Arlington Drive which had been assessed as being in a dangerous condition. Attempts to resolve the situation since that date had failed and it was considered that the only means now available was to use the powers contained within the Act.
RESOLVED:
That the Heritage and Design Manager and the Borough Solicitor be authorised to use the powers detailed within section 23 and 24 of the Local Government Act (Miscellaneous Provisions) Act 1976 to make safe a Laburnum Tree within the front garden of 44 Arlington Drive, Macclesfield.