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SCHEDULES

Section 15.

SCHEDULE 3Proceedings under Town and Country Planning Acts in relation to Tree Preservation Orders.

1Provisions of section 15 of this Act requiring an application for a felling licence to be dealt with under the Town and Country Planning Acts shall be construed in accordance with this Schedule.

2Where under section 15(2)(a) an application, on being referred to the Minister, falls to be dealt with under the said Acts, the' following shall apply:—

(a)if the tree preservation order applies section 22 of the [1962 c. 38.] Town and Country Planning Act 1962, or the corresponding provision of the [1947 c. 51.] Town and Country Planning Act 1947 replaced thereby, or (for Scotland) section 13 of the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947, the provisions of the order and any provisions of the said Acts relating to the order shall apply as if the application—

(i)had been one made under the order for the felling of the trees ; and

(ii)had been referred to the Minister in pursuance of the said section as so applied ;

(b)if the order contains no such provisions as aforesaid it shall have effect for the purposes of this paragraph as if the said section 22 or (for Scotland) the said section 13 were incorporated therein subject to such modifications as the Minister may direct.

3Where under section 15(3)(a) of this Act an application, on being referred to an authority who have made a tree preservation order, falls to be dealt with under the Town and Country Planning Acts, the provisions of the order and any provisions of the [1962 c. 38.] Town and Country Planning Act 1962 or (for Scotland) the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 relating to the order shall apply as if the application were an application made to the said authority for consent for the felling of the trees to which the application for a felling licence relates.

4In this Schedule " the Minister ", in relation to England, means the Minister of Housing and Local Government and not the Minister of Agriculture, Fisheries and Food.