Part VII S Special Controls

Modifications etc. (not altering text)

C1 Pt. VII functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)

Chapter I S Trees

General duty of planning authorities as respects trees S

[F1 A159Forestry and woodland strategy S

(1) A planning authority are to prepare a forestry and woodland strategy.

(2) A forestry and woodland strategy is to—

(a) identify woodlands of high nature conservation value in the planning authority's area, and

(b) set out the planning authority's policies and proposals in their area, as to—

(i) the development of forestry and woodlands,

(ii) the protection and enhancement of woodlands, in particular those mentioned in paragraph (a),

(iii) the resilience to climate change of woodlands, in particular those mentioned in paragraph (a),

(iv) the expansion of woodlands of a range of types to provide multiple benefits to the physical, cultural, economic, social and environmental characteristics of the area,

(c) any other matter which the planning authority consider appropriate.

(3) In preparing a forestry and woodland strategy a planning authority are to consult—

(a) the Scottish Ministers,

(b) such organisations appearing to them to represent those with an interest in the matters listed in subsection (2)(b), and

(c) such other persons as they consider appropriate.

(4) The planning authority must publish the strategy by such means as they consider appropriate.

(5) Two or more planning authorities may act jointly to prepare a forestry and woodland strategy.

(6) Where two or more planning authorities act jointly to prepare a forestry and woodland strategy, a reference in this section to—

(a) a planning authority is to those authorities acting jointly,

(b) a planning authority's area is a reference to the combined area of the authorities.

(7) In this section, “publish” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).]

Textual Amendments

F1 S. A159 inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 53(2), 63(2); S.S.I. 2019/385, reg. 2

159 Planning permission to include appropriate provision for preservation and planting of trees. S

It shall be the duty F2 ...—

(a) [F3 of the Scottish Ministers and the planning authority] to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees, and

(b) [F4 of the planning authority] to make such orders under section 160 as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise[F5 , and

(c) of the planning authority from time to time to review any order made in exercise of their powers under that section and to consider whether it is requisite to vary or revoke the order in question.]

Textual Amendments

F2 Words in s. 159 repealed (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(1)(a), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F3 Words in s. 159(a) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(1)(b), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F4 Words in s. 159(b) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(1)(c), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F5 S. 159(c) and word added (1.2.2011) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(1)(d), 59(2); S.S.I. 2010/400, art. 3, sch.

Modifications etc. (not altering text)

C2 S. 159 excluded (1.4.2007) by Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 (S.S.I. 2007/268), arts. 1(1), 3(2)(c) (with art. 14(3))