(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.