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Planning (Wales) Act 2026
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Planning (Wales) Act 2026, Section 247 is up to date with all changes known to be in force on or before 10 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 247:
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
Prospective
247Preservation of trees in conservation areasE+W
This section has no associated Explanatory Notes
(1)A person must not carry out any of the following activities, or cause or permit any of the activities to be carried out, in relation to a tree to which this section applies—
(a)cutting down the tree;
(b)topping the tree;
(c)lopping the tree;
(d)uprooting the tree;
(e)intentionally or recklessly damaging the tree;
(f)intentionally or recklessly destroying the tree.
(2)This section applies to a tree in a conservation area in respect of which no tree preservation order or woodland preservation order is in force.
(3)Subsection (1) does not prohibit an activity—
(a)so far as the activity is authorised by an infrastructure consent order or an order granting development consent, or
(b)if conditions 1 to 4 are met.
(4)Condition 1 is that notice of an intention to carry out the activity has been served on the planning authority in whose area the tree is situated.
(5)Condition 2 is that the notice includes enough information to enable the tree to be identified.
(6)Condition 3 is that the activity is carried out with the consent of the planning authority or after the end of 6 weeks beginning with the day the notice is served.
(7)Condition 4 is that the activity is carried out before the end of 2 years beginning with the day the notice is served.
(8)Regulations may specify cases where subsection (1) does not apply.
(9)They may, in particular, provide that it does not apply to—
(a)specified activities or descriptions of activities;
(b)activities carried out in specified circumstances;
(c)activities carried out subject to specified conditions;
(d)trees in specified conservation areas;
(e)trees of a specified size or species;
(f)trees belonging to specified persons or descriptions of persons.
(10)In this Chapter “conservation area” means an area designated under section 158 of the Historic Environment Act.
Commencement Information
I1S. 247 not in force at Royal Assent, see s. 409(2)
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