PART 9PRESERVATION OF TREES AND WOODLANDS

CHAPTER 3ENFORCEMENT

Enforcement of requirement to replace trees

252Power of planning authority to issue tree replacement notice

(1)

A planning authority may issue a tree replacement notice if it considers that a requirement to plant replacement trees on land in its area has not been complied with.

(2)

A tree replacement notice must—

(a)

require a tree or trees of the size and species specified in the notice to be planted,

(b)

specify the date on which it is to take effect, and

(c)

specify the period within which the tree or trees must be planted.

(3)

A tree replacement notice may not be issued after the end of 4 years beginning with the date of the alleged failure to comply.

(4)

Where a planning authority issues a tree replacement notice, it must serve a copy of the notice on every owner of the land in relation to which the requirement to plant replacement trees applies.

(5)

Each copy of the notice must be served—

(a)

before the end of 28 days after the day the notice is issued, and

(b)

at least 28 days before the date specified in the notice as the date on which it is to take effect.

(6)

Regulations may require a planning authority to include with every copy of a tree replacement notice that it serves under this section an explanatory note giving information specified in the regulations about the right of appeal under section 254.

(7)

In this section a reference to a requirement to plant replacement trees is a reference to a requirement to ensure that a replacement tree or replacement trees are planted, imposed by—

(a)

any conditions of a consent given under tree preservation regulations,

(b)

section 245 or 246 (trees to which tree preservation orders or woodland preservation orders apply), or

(c)

section 248 (trees in conservation areas).