Trees Act 1970

1 Modification of restriction on power to make tree preservation orders.

(1) This section applies to land in respect of which—

(a) the Forestry Commissioners have made advances under section 4 of the [1967 c. 10.] Forestry Act 1967 (financing of afforestation); or

(b) there is in force a forestry dedication covenant or (in Scotland) a forestry dedication agreement, being a covenant or agreement entered into with the Commissioners under section 5 of that Act.

(2) A tree preservation order may be made in respect of land to which this section applies, but only if—

(a) there is not in force in respect of the land a plan of operations or other working plan approved by the Forestry Commissioners under such a covenant or agreement; and

(b) the Commissioners consent to the making of the order.

(3) Where a tree preservation order is made in respect of land to which this section applies, the order shall not have effect so as to prohibit, or to require any consent for, the cutting down of a tree in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under such a covenant or agreement or under a woodlands scheme made under the powers contained in the Forestry Act 1967.

(4) In the last foregoing subsection, " tree preservation order " has the same meaning as in the [1962 c. 38.] Town and Country Planning Act 1962 or, in relation to Scotland, the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947.

(5) Section 29(3) of the said Act of 1962 and section 26(3) of the said Act of 1947 (which prohibit the making of a tree preservation order in respect of land to which this section applies) are hereby repealed.

(6) A reference in this section to any provision of the [1967 c. 10.] Forestry Act 1967 includes a reference to the corresponding provision (replaced by that Act) in the Forestry Acts 1919 to 1951.