C3Part VIII Special Controls

Annotations:
Modifications etc. (not altering text)
C3

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

Chapter I Trees

Tree preservation orders

C1C2200 Orders affecting land where Forestry Commissioners interested.

1

In relation to land in which the Forestry Commissioners have an interest, a tree preservation order may be made only if—

a

there is not in force in respect of the land a plan of operations or other working plan approved by the Commissioners under a forestry dedication covenant; and

b

the Commissioners consent to the making of the order.

2

For the purposes of subsection (1), the Forestry Commissioners are only to be regarded as having an interest in land if—

a

they have made a grant or loan under section 1 of the M1Forestry Act 1979 in respect of it, or

b

there is a forestry dedication covenant in force in respect of it.

3

A tree preservation order in respect of such land 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 a forestry dedication covenant or under the conditions of a grant or loan made under section 1 of the Forestry Act 1979.

4

In this section—

a

“a forestry dedication covenant” means a covenant entered into with the Commissioners under section 5 of the M2Forestry Act 1967; and

b

references to provisions of the Forestry Act 1967 and the Forestry Act 1979 include references to any corresponding provisions replaced by those provisions or by earlier corresponding provisions.