Prospective

PART 9 E+W PRESERVATION OF TREES AND WOODLANDS

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

Replacement of trees E+W

245 Replacement of trees: tree preservation orders E+W

(1) This section applies where any tree in respect of which a tree preservation order is in force—

(a) is removed, uprooted or destroyed—

(i) in breach of tree preservation regulations, or

(ii) in other circumstances specified in the regulations, or

(b) dies in circumstances specified in the regulations.

(2) The owner or owners of the land on which the tree was situated must ensure that a replacement tree of an appropriate size and species is planted as soon as reasonably practicable.

(3) The replacement tree must be planted at or near the place where the original tree was situated.

(4) The requirement in subsection (2) does not apply where, on an application by an owner of the land, the planning authority in whose area the land is situated dispenses with the requirement.

(5) The relevant tree preservation order has effect in relation to any tree planted in accordance with this section as it had effect in relation to the original tree.

(6) References in this section to an owner of the land are references to a person who is from time to time an owner of the land.

(7) The requirement imposed by subsection (2) may only be enforced by a tree replacement notice under section 252.

Commencement Information

I1 S. 245 not in force at Royal Assent, see s. 409(2)