Part 4

Additional planning control
Chapter 3

Trees

Power to disapply section 127
128
1
The Department may by regulations direct that section 127 shall not apply in such cases as may be specified in the regulations.
2
Regulations under subsection (1) may, in particular, be framed so as to exempt from the application of that section cases defined by reference to all or any of the following matters—
a
acts of such descriptions or done in such circumstances or subject to such conditions as may be specified in the regulations;
b
trees in such conservation areas as may be so specified;
c
trees of a size or species so specified; or
d
trees belonging to persons or bodies of a description so specified.
3
Regulations under subsection (1) may, in particular, exempt from the application of section 127 cases exempted from section 122 by subsection (5) of that section.
S. 128 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
Pt. 4 (except chpts. 1, 2) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)
S. 128 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
Ss. 105-155: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))