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Planning Act 2008

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192Tree preservation ordersE+W+S+N.I.
This section has no associated Explanatory Notes

(1)Chapter 1 of Part 8 of TCPA 1990 (special controls: trees) is amended as follows.

(2)In section 198 (power to make tree preservation orders) omit—

(a)subsections (3) and (4) (provision that may be made by tree preservation orders),

(b)subsection (6) (matters to which tree preservation orders do not apply), and

(c)subsections (8) and (9) (power to make provision about application for consent under tree preservation order).

(3)Omit section 199 (form of and procedure applicable to tree preservation orders).

(4)Omit section 201 (provisional tree preservation orders).

(5)In section 202 (power for Secretary of State or Welsh Ministers to make tree preservation orders), omit subsection (3) (procedure applicable to orders made by Secretary of State or Welsh Ministers).

(6)Omit sections 203 to 205 (compensation in connection with tree preservation orders).

(7)After section 202 insert—

202ATree preservation regulations: general

(1)The appropriate national authority may by regulations make provision in connection with tree preservation orders.

(2)Sections 202B to 202G make further provision about what may, in particular, be contained in regulations under subsection (1).

(3)In this section and those sections “tree preservation order” includes an order under section 202(1).

(4)In this Act “tree preservation regulations” means regulations under subsection (1).

(5)In subsection (1) “the appropriate national authority”—

(a)in relation to England means the Secretary of State, and

(b)in relation to Wales means the Welsh Ministers.

(6)Section 333(3) does not apply in relation to tree preservation regulations made by the Welsh Ministers.

(7)Tree preservation regulations made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales.

202BTree preservation regulations: making of tree preservation orders

(1)Tree preservation regulations may make provision about—

(a)the form of tree preservation orders;

(b)the procedure to be followed in connection with the making of tree preservation orders;

(c)when a tree preservation order takes effect.

(2)If tree preservation regulations make provision for tree preservation orders not to take effect until confirmed, tree preservation regulations may—

(a)make provision for tree preservation orders to take effect provisionally until confirmed;

(b)make provision about who is to confirm a tree preservation order;

(c)make provision about the procedure to be followed in connection with confirmation of tree preservation orders.

202CTree preservation regulations: prohibited activities

(1)Tree preservation regulations may make provision for prohibiting all or any of the following—

(a)cutting down of trees;

(b)topping of trees;

(c)lopping of trees;

(d)uprooting of trees;

(e)wilful damage of trees;

(f)wilful destruction of trees.

(2)A prohibition imposed on a person may (in particular) relate to things whose doing the person causes or permits (as well as to things the person does).

(3)A prohibition may be imposed subject to exceptions.

(4)In particular, provision may be made for a prohibition not to apply to things done with consent.

(5)In this section “tree” means a tree in respect of which a tree preservation order is in force.

202DTree preservation regulations: consent for prohibited activities

(1)This section applies if tree preservation regulations make provision under section 202C(4).

(2)Tree preservation regulations may make provision—

(a)about who may give consent;

(b)for the giving of consent subject to conditions;

(c)about the procedure to be followed in connection with obtaining consent.

(3)The conditions for which provision may be made under subsection (2)(b) include—

(a)conditions as to planting of trees;

(b)conditions requiring approvals to be obtained from the person giving the consent;

(c)conditions limiting the duration of the consent.

(4)The conditions mentioned in subsection (3)(a) include—

(a)conditions requiring trees to be planted;

(b)conditions about the planting of any trees required to be planted by conditions within paragraph (a), including conditions about how, where or when planting is to be done;

(c)conditions requiring things to be done, or installed, for the protection of any trees planted in pursuance of conditions within paragraph (a).

(5)In relation to any tree planted in pursuance of a condition within subsection (4)(a), tree preservation regulations may make provision —

(a)for the tree preservation order concerned to apply to the tree;

(b)authorising the person imposing the condition to specify that the tree preservation order concerned is not to apply to the tree.

(6)“The tree preservation order concerned” is the order in force in relation to the tree in respect of which consent is given under tree preservation regulations.

(7)The provision that may be made under subsection (2)(c) includes provision about applications for consent, including provision as to—

(a)the form or manner in which an application is to be made;

(b)what is to be in, or is to accompany, an application.

(8)Tree preservation regulations may make provision for appeals—

(a)against refusal of consent;

(b)where there is a failure to decide an application for consent;

(c)against conditions subject to which consent is given;

(d)against refusal of an approval required by a condition;

(e)where there is a failure to decide an application for such an approval.

(9)Tree preservation regulations may make provision in connection with appeals under provision made under subsection (8), including—

(a)provision imposing time limits;

(b)provision for further appeals;

(c)provision in connection with the procedure to be followed on an appeal (or further appeal);

(d)provision about who is to decide an appeal (or further appeal);

(e)provision imposing duties, or conferring powers, on a person deciding an appeal (or further appeal).

202ETree preservation regulations: compensation

(1)Tree preservation regulations may make provision for the payment of compensation—

(a)where any consent required under tree preservation regulations is refused;

(b)where any such consent is given subject to conditions;

(c)where any approval required under such a condition is refused.

(2)Tree preservation regulations may provide for entitlement conferred under subsection (1) to apply only in, or to apply except in, cases specified in tree preservation regulations.

(3)Tree preservation regulations may provide for entitlement conferred by provision under subsection (1) to be subject to conditions, including conditions as to time limits.

(4)Tree preservation regulations may, in relation to compensation under provision under subsection (1), make provision about—

(a)who is to pay the compensation;

(b)who is entitled to the compensation;

(c)what the compensation is to be paid in respect of;

(d)the amount, or calculation of, the compensation.

(5)Tree preservation regulations may make provision about the procedure to be followed in connection with claiming any entitlement conferred by provision under subsection (1).

(6)Tree preservation regulations may make provision for the determination of disputes about entitlement conferred by provision under subsection (1), including provision for and in connection with the referral of any such disputes to, and their determination by, F1...the First-tier Tribunal or the Upper Tribunal.

202FTree preservation regulations: registers

Tree preservation regulations may make provision for the keeping of, and public access to, registers containing information related to tree preservation orders.

202GTree preservation regulations: supplementary

(1)Tree preservation regulations may provide for the application (with or without modifications) of, or make provision comparable to, any provision of this Act mentioned in subsection (2).

(2)The provisions are any provision of Part 3 relating to planning permission or applications for planning permission, except sections 56, 62, 65, 69(3) and (4), 71, 91 to 96, 100 and 101 and Schedule 8.

(3)Tree preservation regulations may make provision comparable to—

(a)any provision made by the Town and Country Planning (Tree Preservation Order) Regulations 1969 or the Town and Country Planning (Trees) Regulations 1999;

(b)any provision that could have been made under section 199(2) and (3).

(4)Tree preservation regulations may contain incidental, supplementary, consequential, transitional and transitory provision and savings.

(8)Schedule 8 makes further amendments in connection with tree preservation orders.

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