246Replacement of trees: woodland preservation orders(1)

This section applies where any trees in respect of which a woodland preservation order is in force are removed, uprooted or destroyed in breach of tree preservation regulations.

(2)

The owner or owners of the land on which the trees were situated must ensure that replacement trees of appropriate size and species are planted as soon as reasonably practicable.

(3)

The number of trees planted must be—

(a)

the same as the number of trees removed, uprooted or destroyed, or

(b)

where that number is not known, the best estimate that can reasonably be made of the number of trees removed, uprooted or destroyed.

(4)

The replacement trees must be planted—

(a)

at or near the places where the original trees were situated, or

(b)

in another place designated by the planning authority in whose area the land is situated that is—

(i)

on or near the land on which the original trees were situated, or

(ii)

on other land agreed between the planning authority and the owner of that other land.

(5)

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.

(6)

The relevant woodland preservation order has effect in relation to any trees planted in accordance with this section as it had effect in relation to the original trees.

(7)

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.

(8)

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