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Town and Country Planning Act 1971

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61Provisional tree preservation orders

(1)If it appears to a local planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation, they may include in the order as made by them a direction that this section shall apply to the order.

(2)Notwithstanding section 60(4) of this Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein and shall continue in force by virtue of this section until—

(a)the expiration of a period of six months beginning with the date on which the order was made; or

(b)the date on which the order is confirmed or, in the case of an order which can be confirmed only by the Secretary of State, on which he notifies the authority who made the order that he does not propose to confirm it,

whichever first occurs.

(3)Provision shall be made by regulations under this Act for securing—

(a)that the notices to be given of the making of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction; and

(b)that where the Secretary of State, in the case of an order which can be confirmed only by him, within the period of six months referred to in subsection (2) of this section, notifies the authority that he does not propose to confirm the order, copies of that notice shall be served on the owners and occupiers of the land to which the order related.

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