http://www.legislation.gov.uk/asc/2026/6/section/258Planning (Wales) Act 2026enStatute Law Database2026-06-16Expert Participation2026-04-28 PART 9PRESERVATION OF TREES AND WOODLANDSCHAPTER 3ENFORCEMENTEnforcement of requirement to replace treesRecovery of costs of planting trees 258 1 Where a planning authority exercises the powers under section 257(1) to enter land and plant trees, the authority may recover from a person who is then an owner of the land the costs it reasonably incurs in doing so. 2 If a planning authority claims to recover costs under subsection (1) from an owner of land who— a is entitled to receive the rack rent of the land merely as agent or trustee for another person (the “principal”), and b does not have, and has not had at any time since the day payment of the costs was demanded, enough money on behalf of the principal to pay the costs in full, the liability of the agent or trustee is limited to the total amount of money that the agent or trustee has had on behalf of the principal since that day. 3 If subsection (2) prevents a planning authority recovering the whole of its costs from an agent or trustee, it may recover them from the principal, or partly from the principal and partly from the agent or trustee. 4 Where a copy of a tree replacement notice has been served— a costs that an owner of the land incurs for the purpose of complying with the notice, and b amounts that an owner of the land pays under subsection (1) in respect of costs incurred by the planning authority in planting trees, are to be treated as incurred or paid for the use and at the request of any person, other than an owner of the land, responsible for the removal, uprooting or destruction of the original tree or trees. 5 The costs recoverable by a planning authority under subsection (1) are, until recovered, a charge on the land to which the tree replacement notice relates. 6 The charge takes effect as a local land charge at the beginning of the day after the day the authority completes the planting of trees that is required by the notice. 7 Subsection (8) applies where— a a planning authority removes materials from land in the course of planting trees required to be planted by a tree replacement notice, and b the owner of the materials does not, within 3 days after the day they are removed, claim the materials and take them away. 8 The planning authority— a may sell the materials, and b if it does so, must pay the proceeds to the person who owned the materials, after deducting any costs recoverable by it from the person. S. 258 not in force at Royal Assent, see s. 409(2)