Explanatory Memorandum to Planning Amendment (Northern Ireland) Order 2003

Planning Amendment (Northern Ireland) Order 2003

2003 No. 430

Commentary on Articles

Other changes relating to enforcement

Article 16 ‑ Replacement of trees

This Article replaces Article 82 of the 1991 Order and provides for revised enforcement measures in respect of the protection of trees that are subject to a Tree Preservation Orders (TPO) as follows:

• a new power for the Department to enforce the duty to replace trees subject to a TPO;

• sets out specific grounds of appeal against enforcement notices in relation to trees;

• a power for the Department to enter onto land to replant trees subject to a TPO, and to recover any costs incurred as a civil debt;

• a new duty on an owner to replace trees that are removed in a Conservation Area.