Part VIII

Special Controls
Chapter I

Trees

Tree preservation orders

Tree preservation regulations: consent for prohibited activities
202D
1
This section applies if tree preservation regulations make provision under section 202C(4).
2
Tree preservation regulations may make provision—
a
about who may give consent;
b
for the giving of consent subject to conditions;
c
about the procedure to be followed in connection with obtaining consent.
3
The conditions for which provision may be made under subsection (2)(b) include—
a
conditions as to planting of trees;
b
conditions requiring approvals to be obtained from the person giving the consent;
c
conditions limiting the duration of the consent.
4
The conditions mentioned in subsection (3)(a) include—
a
conditions requiring trees to be planted;
b
conditions about the planting of any trees required to be planted by conditions within paragraph (a), including conditions about how, where or when planting is to be done;
c
conditions requiring things to be done, or installed, for the protection of any trees planted in pursuance of conditions within paragraph (a).
5
In relation to any tree planted in pursuance of a condition within subsection (4)(a), tree preservation regulations may make provision —
a
for the tree preservation order concerned to apply to the tree;
b
authorising the person imposing the condition to specify that the tree preservation order concerned is not to apply to the tree.
6
“The tree preservation order concerned” is the order in force in relation to the tree in respect of which consent is given under tree preservation regulations.
7
The provision that may be made under subsection (2)(c) includes provision about applications for consent, including provision as to—
a
the form or manner in which an application is to be made;
b
what is to be in, or is to accompany, an application.
8
Tree preservation regulations may make provision for appeals—
a
against refusal of consent;
b
where there is a failure to decide an application for consent;
c
against conditions subject to which consent is given;
d
against refusal of an approval required by a condition;
e
where there is a failure to decide an application for such an approval.
9
Tree preservation regulations may make provision in connection with appeals under provision made under subsection (8), including—
a
provision imposing time limits;
b
provision for further appeals;
c
provision in connection with the procedure to be followed on an appeal (or further appeal);
d
provision about who is to decide an appeal (or further appeal);
e
provision imposing duties, or conferring powers, on a person deciding an appeal (or further appeal).
Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)
Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)
Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Ss. 202A-202G inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(7), 241(3)(4) (with s. 226) (as amended (1.6.2009) by S.I. 2009/1307, art. 5(1)(2), Sch. 1 para. 295); S.I. 2012/601, art. 2(a)