10Matters of which Court must be satisfied before making an order

10 Matters of which Court must be satisfied before making an order

10 Matters of which Court must be satisfied before making an order

(1) The Court must not make an order under this Part unless it is satisfied—

(a) that the applicant has made a reasonable effort to reach agreement with the owner of the land on which the tree is situated, and

(b) if the requirement to give notice has not been waived, that the applicant has given notice of the application in accordance with section 8.

(2) The Court must not make an order under this Part unless it is satisfied that the tree concerned—

(a) has caused, is causing, or is likely in the near future to cause, damage to the applicant’s property, or

(b) is likely to cause injury to any person.