http://www.legislation.gov.uk/ssi/2014/53/madeThe Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Amendment Regulations 2014enKing's Printer for Scotland2016-04-26TOWN AND COUNTRY PLANNINGThese Regulations amend the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010 (“the 2010 Regulations”).Scottish Statutory Instruments2014 No. 53Town And Country PlanningThe Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Amendment Regulations 2014Made26th February 2014Laid before the Scottish Parliament28th February 2014Coming into force1st April 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 173 of the Town and Country Planning (Scotland) Act 1997

1997 c.8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Amendment Regulations 2014 and come into force on 1st April 2014.

Amendment of the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 20102.(1)

The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010

S.S.I. 2010/434.

are amended in accordance with paragraph (2).

(2)

In regulation 8 (trees in conservation areas)—

(a)

after paragraph (1)(a) insert—(aa)

the carrying out of any action—

(i)

required to be taken in accordance with a high hedge notice; or

(ii)

authorised by virtue of section 22(1) of the High Hedges (Scotland) Act 2013

2013 asp 6.

;

; and

(b)

in paragraph (2) after the definition of “diameter” insert—

“high hedge notice” has the meaning given by section 8(2) of the High Hedges (Scotland) Act 2013;

DEREK MACKAYAuthorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th February 2014EXPLANATORY NOTE(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010 (“the 2010 Regulations”).

Section 172 of the Town and Country Planning (Scotland) Act 1997 operates to protect trees in conservation areas which are not subject to a tree preservation order. Regulation 8 of the 2010 Regulations disapplies section 172 in certain cases. Regulation 2 of these Regulations amends regulation 8. The new paragraph (1)(aa) provides that section 172 does not apply where action is taken in accordance with a high hedge notice issued under the High Hedges (Scotland) Act 2013 or is authorised by section 22(1) of that Act.