Joanna Tuffy (Labour)

I move amendment No. 26:

In page 34, to delete lines 24 to 26 and substitute the following:

"43.—(1) Where a building owner and an adjoining owner are in dispute in relation to the exercise or proposed exercise of rights under section 42, either party may apply to the court in a summary manner and the court may give such directions as it thinks fit, and may in particular make an order authorising the carrying out of specified".

We have proposed this amendment because we believe the section as it stands gives the advantage to the builder. The person who objects to the building is not given any right to go to the court to determine the matter. Our amendment allows both sides to go to court.