Prospective

PART 9 E+W PRESERVATION OF TREES AND WOODLANDS

CHAPTER 1 E+W TREE PRESERVATION ORDERS AND WOODLAND PRESERVATION ORDERS ETC.

Tree preservation regulations E+W

241 Consent for prohibited activities and appeals E+W

(1) This section applies if tree preservation regulations impose a prohibition that does not apply to things done with consent.

(2) The regulations may make provision—

(a) about who may give consent;

(b) about the procedure to be followed in connection with obtaining consent;

(c) for the giving of consent subject to conditions.

(3) The conditions for which the regulations may provide include—

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

(b) conditions limiting the duration of the consent;

(c) conditions about planting trees.

(4) Conditions about planting trees may include—

(a) conditions requiring trees to be planted;

(b) conditions about the planting of those trees, including conditions about how, where or when they are to be planted;

(c) conditions requiring things to be done, or installed, for the protection of those trees.

(5) The regulations may provide for the tree preservation order or woodland preservation order in relation to which consent is being given—

(a) to apply to trees planted in accordance with a condition mentioned in subsection (4)(a);

(b) not to apply to the trees if the person imposing the condition specifies that it is not to apply.

(6) The provision that may be made under subsection (2)(b) includes provision about applications for consent, including provision about—

(a) the form and content of an application;

(b) how an application must be made;

(c) documents or other materials that are to be included with an application;

(d) the consequences of an application failing to comply with a requirement imposed by the regulations.

(7) The regulations may make provision for, and in connection with, 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 an approval.

(8) Provision in connection with appeals may include—

(a) provision imposing time limits (which may include provision enabling them to be extended);

(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).

Commencement Information

I1 S. 241 not in force at Royal Assent, see s. 409(2)