C1Part VII Special Controls
Chapter I Trees
Compensation for loss or damage caused by orders etc.
166 Compensation in respect of requirement as to replanting of trees.
1
This section applies where—
a
a requirement is imposed by the planning authority or the Secretary of State under a tree preservation order for securing the replanting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order, and
b
the F1Scottish Ministers decide not to provide financial assistance under section 71 of the Forestry and Land Management (Scotland) Act 2018 in respect of the replanting by reason that the requirement frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry.
2
Where this section applies, the planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the requirement.
3
The F2Scottish Ministers shall, at the request of the person under a duty to comply with such a requirement as is mentioned in subsection (1)(a), give a certificate stating—
a
whether they have decided not to F3provide such financial assistance as is mentioned in subsection (1)(b), and
b
if so, the grounds for their decision.
4
A claim for compensation under this section must be served on the planning authority—
a
within 12 months from the date on which the requirement was made, or
b
where an application has been made to the Secretary of State for the determination of any question relating to the reasonableness of a requirement, within 12 months from the date of the determination of the Secretary of State,
but subject in either case to such extension of that period as the planning authority may allow.
5
Any question of disputed compensation under this section shall be determined in accordance with section 70 of the M1Countryside (Scotland) Act 1967.
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)