172 Preservation of trees in conservation areas.S
(1)Subject to the provisions of this section and section 173, any person who, in relation to a tree to which this section applies, does any act which might by virtue of section 160(3)(a) be prohibited by a tree preservation order shall be guilty of an offence.
[F1(1A)Subsection (1) does not apply so far as the act in question is authorised by an order granting development consent.]
(2)Subject to section 173, this section applies to any tree in a conservation area in respect of which no tree preservation order is for the time being in force.
(3)It shall be a defence for a person charged with an offence under subsection (1) to prove—
(a)that he served notice of his intention to do the act in question (with sufficient particulars to identify the tree) on the planning authority in whose area the tree is or was situated, and
(b)that he did the act in question—
(i)with the consent of the planning authority in whose area the tree is or was situated, or
(ii)after the expiry of the period of 6 weeks from the date of the notice but before the expiry of the period of 2 years from that date.
(4)Section 171 shall apply to an offence under this section as it applies to a contravention of a tree preservation order.
[F2(5)An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless—
(a)the first condition is satisfied, and
(b)either the second or third condition is satisfied.
[F3(5A)Subsection (5) does not apply so far as the act in question is authorised by an order granting development consent.]
(6)The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the planning authority in whose area the tree is situated.
(7)The second condition is that the act is done with the consent of the authority.
(8)The third condition is that the act is done—
(a)after the end of the period of six weeks starting with the date of the notice, and
(b)before the end of the period of two years starting with that date.]
Textual Amendments
F1S. 172(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 57(2) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F2S. 172(5)-(8) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 96, 121(4) (with s. 111); S.S.I. 2006/268, art. 3(b)
F3S. 172(5A) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 57(3) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
Modifications etc. (not altering text)
C1S. 172 excluded (1.2.2011) by The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010 (S.S.I. 2010/434), regs. 1, 8
C2S. 172 excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 10(3)(b), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.
C3S. 172(1) excluded (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 59(3) (with s. 75)
C4S. 172(1) excluded (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 59(3) (with ss. 76, 84)
C5S. 172(1) excluded (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), s. 31(4) (with ss. 50(2), 51)
C6S. 172(1) excluded (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 32(5) (with s. 50)
C7S. 172(1) excluded (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 37(5)(b) (with ss. 52, 60)
C8S. 172(1) excluded (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 38(5)(b) (with ss. 48, 59)