Part VII

Special Controls
Chapter I

Trees

Consequences of tree removal etc.

Enforcement of duties as to replacement of trees.
168
1
If it appears to the planning authority that—
a
the provisions of section 167, or
b
any conditions of a consent given under a tree preservation order which require the replacement of trees,
are not complied with in the case of any tree or trees, the authority may serve on the owner of the land a notice requiring him, within such period as may be specified in the notice, to plant a tree or trees of such size and species as may be so specified.
2
A notice under subsection (1) may be served by a planning authority only within 2 years from the date on which the failure to comply with those provisions or conditions came to the knowledge of the authority.
3
A notice under subsection (1) shall specify a period at the end of which it is to take effect, being a period of not less than 28 days beginning with the date of service of the notice.
3A
In relation to any tree planted by virtue of a requirement such as is mentioned in subsection (1)(b), the relevant tree preservation order shall apply as it applied to the original trees.
4
The duty imposed by section 167(1) may only be enforced as provided by this section and not otherwise.
Pt. VII functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)
S. 168(3A) inserted (1.2.2011) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(6), 59(2); S.S.I. 2010/400, art. 3, sch.