C1 Part VIII Special Controls
Chapter I Trees
Consequences of tree removal, etc.
C2C3206 Replacement of trees.
C28C27C31C33C24C38C20C19C35C41C14C16C29C34C36C15C17C21C13C30C26C25C18C40C37C22C23C39C32C42C43C44C45C46C47C48C491
If any tree in respect of which a tree preservation order is for the time being in force—
a
b
it shall be the duty of the owner of the land to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.
2
The duty imposed by subsection (1) does not apply to an owner if on application by him the local planning authority dispense with it.
3
In respect of trees in a woodland it shall be sufficient for the purposes of this section to replace the trees removed, uprooted or destroyed by planting the same number of trees—
a
on or near the land on which the trees removed, uprooted or destroyed stood, or
b
on such other land as may be agreed between the local planning authority and the owner of the land,
and in such places as may be designated by the local planning authority.
4
In relation to any tree planted pursuant to this section, the relevant tree preservation order shall apply as it applied to the original tree.
5
The duty imposed by subsection (1) on the owner of any land shall attach to the person who is from time to time the owner of the land.
C4C5207 Enforcement of duties as to replacement of trees.
1
If it appears to the local planning authority that—
a
the provisions of section 206, or
b
are not complied with in the case of any tree or trees, that authority may serve on the owner of the land a notice requiring him, within such period as may be specified in the notice, to plant a tree or trees of such size and species as may be so specified.
2
A notice under subsection (1) may only be served within four years from the date of the alleged failure to comply with those provisions or conditions.
F13
A notice under subsection (1) shall specify a period at the end of which it is to take effect.
F14
The specified period shall be a period of not less than twenty-eight days beginning with the date of service of the notice.
5
The duty imposed by section 206(1) may only be enforced as provided by this section and not otherwise.
C6C7208 Appeals against s. 207 notices.
1
A person on whom a notice under section 207(1) is served may appeal to the Secretary of State against the notice on any of the following grounds—
a
that the provisions of section 206 or, as the case may be, the conditions mentioned in section 207(1)(b) are not applicable or have been complied with;
F2aa
that in all the circumstances of the case the duty imposed by section 206(1) should be dispensed with in relation to any tree;
b
that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified in it;
c
that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;
d
that the place on which the tree is or trees are required to be planted is unsuitable for that purpose.
F32
An appeal under subsection (1) shall be made either—
a
by giving written notice of the appeal to the Secretary of State before the end of the period specified in accordance with section 207(3); or
b
by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period.
F94
The notice shall—
a
indicate the grounds of the appeal,
b
state the facts on which the appeal is based, and
c
be accompanied by such information as may be prescribed.
4A
The power to make regulations under subsection (4)(c) is exercisable by—
a
the Secretary of State, in relation to England;
b
the Welsh Ministers, in relation to Wales.
F164B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
On F10an appeal under subsection (1) the Secretary of State shall, if either the appellant or the local planning authority so desire, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
F205B
Subsection (5) does not apply to an appeal to the Welsh Ministers.
6
Where F12an appeal is brought under subsection (1), the notice under section 207(1) shall be of no effect pending the final determination or the withdrawal of the appeal.
F47
On such an appeal the Secretary of State may—
a
correct any defect, error or misdescription in the notice; or
b
vary any of its requirements,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
F48
Where the Secretary of State determines to allow the appeal, he may quash the notice.
F48A
The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.
9
Schedule 6 applies to appeals under this section.
10
Where any person has appealed to the Secretary of State under this section against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.
F1511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C8C9209 Execution and cost of works required by s. 207 notice.
C101
If, within the period specified in a notice under section 207(1) for compliance with it, or within such extended period as the local planning authority may allow, any trees which are required to be planted by a notice under that section have not been planted, the local planning authority may—
a
enter the land and plant those trees, and
b
recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.
C102
Where such a notice has been served—
a
any expenses incurred by the owner of any land for the purpose of complying with the notice, and
b
any sums paid by the owner of any land under subsection (1) in respect of expenses incurred by the local planning authority in planting trees required by such a notice to be planted,
shall be deemed to be incurred or paid for the use and at the request of any person, other than the owner, responsible for the cutting down, destruction or removal of the original tree or trees.
3
Regulations made under this Act may provide that—
a
section 276 of the M1Public Health Act 1936 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);
b
section 289 of that Act (power to require the occupier of any premises to permit works to be executed by the owner of the premises); or
c
section 294 of that Act (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),
shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a notice under section 207(1).
4
Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which such a notice relates the right, as against all other persons interested in the land, to comply with the requirements of the notice.
5
Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local authority F5or National Park authority under subsection (1).
C10F66
Any person who wilfully obstructs a person acting in the exercise of the power under subsection (1)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
C11C12210 Penalties for non-compliance with tree preservation F22orderF22regulations .
1
a
cuts down, uproots or wilfully destroys a tree, F11or
b
wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, F19or
c
causes or permits the carrying out of any of the activities in paragraph (a) or (b),
he shall be guilty of an offence.
2
A person guilty of an offence under subsection (1) shall be liable F21on summary conviction, or on conviction on indictment, to a fine.
3
In determining the amount of any fine to be imposed on a person convicted F7. . . of an offence under subsection (1), the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
4
F184A
Proceedings for an offence under subsection (4) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.
4B
Subsection (4A) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.
4C
For the purposes of subsection (4A), a certificate—
a
signed by or on behalf of the prosecutor, and
b
stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,
is conclusive evidence of that fact.
4D
A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.
4E
Subsection (4A) does not apply in relation to an offence in respect of a tree in Wales.
F85
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Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)
Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)
Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2