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Requiring removal or alteration of hedge.
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44.—(1) If it appears to the planning authority that it is expedient in the interests of amenity that any hedge should be removed or altered, the planning authority may serve on the owner and on the occupier of the land on which the hedge is situate a notice requiring the carrying out of such removal or alteration and, in the case of a removal, any replacement appearing to the planning authority to be suitable.
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(2) Where a notice is served under this section, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.
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(3) Where an appeal is brought under this section from a notice, the Minister may confirm the notice with or without modifications or annul the notice.
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(4) A notice under this section (other than a notice which is annulled) shall take effect—
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(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,
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(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.
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(5) If within the period specified in a notice under this section, or within such extended period as the planning authority may allow, the removal or alteration required by the notice has not been effected, the planning authority may enter on the land on which the hedge is situate and may effect such removal or alteration and any replacement specified in the notice.
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(6) Where a notice under this section is complied with, the planning authority shall pay to the person complying with the notice the expenses reasonably incurred by him in carrying out the removal or alteration and any replacement specified in the notice.
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(7) Particulars of a notice served under this section shall be entered in the register.
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