The Town and Country Planning (Trees) Regulations 1999

PART I GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Town and Country Planning (Trees) Regulations 1999 and shall come into force on 2nd August 1999.

(2) In these Regulations, unless the context otherwise requires—

“authority” means a local planning authority(1) making, or having functions under, an order;

“land affected by the order” includes any land adjoining the land on which the trees, groups of trees or woodlands to which the order relates are situated;

“order” means a tree preservation order;

“person interested”, in relation to land affected by an order, means every owner and occupier of the land and every other person whom the authority know to be entitled to fell any of the trees to which the order relates or to work by surface working any materials in, on or under the land;

and any reference in these Regulations to a numbered section is a reference to the section so numbered in the Town and Country Planning Act 1990.

PART II TREE PRESERVATION ORDERS

Form of tree preservation order

2.—(1) An order shall be in the form set out in the Schedule to these Regulations, or in a form substantially to the same effect and—

(a) shall specify the trees, groups of trees or woodlands to which it relates;

(b) where the order relates to a group of trees, shall specify the number of trees in the group; and

(c) shall indicate the position of the trees, groups of trees or woodlands, as the case may be, by reference to a map.

(2) An order shall contain or have annexed to it the map referred to in paragraph (1)(c); and where a map is annexed to an order it shall be treated as part of the order.

(3) The map contained in, or annexed to, an order shall be prepared to a scale sufficient to give a clear indication of the position of the trees, groups of trees or woodlands to which the order relates.

Procedure after making an order

3.—(1) As soon as practicable after making an order, and before confirming it, the authority which made it shall—

(a) serve on the persons interested in the land affected by the order—

(i) a copy of the order; and

(ii) a notice containing the particulars mentioned in paragraph (2); and

(b) make a copy of the order available for public inspection, in accordance with paragraph (3).

(2) The particulars mentioned in this paragraph are—

(a) the reasons for making the order;

(b) a statement that objections or other representations with respect to any trees, groups of trees or woodlands specified in the order may be made to the authority in accordance with regulation 4;

(c) the date, being at least 28 days after the date of the notice, by which any objection or representation must be received by the authority;

(d) a copy of regulation 4; and

(e) where the order contains a direction under section 201 (provisional tree preservation orders), a statement of the effect of that direction.

(3) Subject to regulations 6(c), 7(c) and 9(1)(c), a copy of the order shall be made available for inspection, free of charge, at all reasonable hours, at the offices of the authority by whom the order was made; and where an order is made on behalf of an authority, it shall be made available for inspection also at the offices of the authority on whose behalf it was made.

Objections and representations

4.—(1) Subject to paragraph (2), objections and representations—

(a) shall be made in writing and—

(i) delivered to the authority not later than the date specified by them under regulation 3(2)(c); or

(ii) sent to the authority in a properly addressed and pre-paid letter posted at such time that, in the ordinary course of post, it would be delivered to them not later than that date;

(b) shall specify the particular trees, groups of trees or woodlands (as the case may be) in respect of which the objections or representations are made; and

(c) in the case of an objection, shall state the reasons for the objection.

(2) The authority may treat as duly made objections and representations which do not comply with the requirements of paragraph (1) if, in the particular case, they are satisfied that compliance with those requirements could not reasonably have been expected.

Procedure for confirmation of a tree preservation order

5.—(1) The authority shall not confirm an order which they have made unless they have first considered any objections and representations duly made in respect of it and not withdrawn.

(2) An authority may confirm an order with or without modification.

(3) Where an order is confirmed it shall be endorsed to that effect, and the endorsement shall also indicate—

(a) that the order was confirmed with modifications or without modification, as the case may be; and

(b) the date on which it was confirmed.

(4) Where an order is confirmed with modifications, the modifications shall be indicated in the order by distinctive type or other means.

Action after confirmation of tree preservation order

6.  As soon as practicable after confirming an order, the authority which confirmed it shall—

(a) notify the persons interested in the land affected by the order—

(i) of the confirmation of the order;

(ii) of the date on which the order was confirmed; and

(iii) of the time within which an application may be made to the High Court under section 284 (validity of development plans and certain orders, decisions and directions), and of the grounds on which such an application may be made;

(b) where the order was confirmed with modifications, send a copy of the order, as confirmed, to those persons; and

(c) make a copy of the order, as confirmed, available for public inspection, in place of the copy made so available in accordance with regulation 3, but otherwise in accordance with paragraph (3) of that regulation.

Action where a tree preservation order is not confirmed

7.  Where an authority decide not to confirm an order they shall as soon as practicable—

(a) endorse the order with a statement to that effect and with the date of their decision;

(b) notify the persons interested in the land affected by the order of their decision; and

(c) withdraw from public inspection the copy of the order made available in accordance with regulation 3.

Variation of tree preservation orders

8.—(1) Where an authority vary an order(2) they shall—

(a) endorse the original order with a statement to the effect that the order has been varied, specifying the date of the variation order;

(b) serve on the persons interested in the land affected by the variation order—

(i) a copy of the variation order; and

(ii) a statement explaining the effect of the variation order; and

(c) make a copy of the variation order available for public inspection, in accordance with paragraph (3) of regulation 3.

(2) Where an authority vary an order so as to add to Schedule 1 (and the map) references to trees, groups of trees or woodlands to which the order did not previously apply, regulations 3(1)(a)(ii) and (2) and 4 to 7 shall apply to the variation order as they applied to the order, subject to the substitution, for references to persons interested, of references to persons who are the owners and occupiers of the land affected by the variation order and every other person whom the authority know to be entitled to fell any of the trees to which the variation order relates, or to work by surface working any minerals in, on or under that land.

(3) For the purpose of this regulation, “land affected by the variation order” includes any land adjoining the land on which the trees, groups of trees or woodlands to which the variation order relates are situated.

Revocation of tree preservation orders

9.—(1) Where an authority revoke an order(3) they shall—

(a) endorse the original order with a statement to the effect that the order has been revoked, specifying the date of the revocation order;

(b) serve a copy of the revocation order on the persons interested in the land affected by the order; and

(c) withdraw from public inspection the copy of the original order made available in accordance with regulation 3.

(2) A revocation order shall contain a statement of the date on which it was made.

PART III TREES IN CONSERVATION AREAS

Trees in conservation areas—exemptions

10.—(1) Section 211 (preservation of trees in conservation areas) shall not apply to—

(a) the cutting down, uprooting, topping or lopping of a tree in the circumstances mentioned in section 198(6) or in article 5 of the prescribed form of tree preservation order set out in the Schedule to these Regulations;

(b) the cutting down of a tree in accordance with a felling licence granted by the Forestry Commissioners under Part II (Commissioners' power to control felling of trees) of the Forestry Act 1967(4);

(c) the cutting down of a tree in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under a forestry dedication covenant entered into under section 5 (forestry dedication covenants and agreements) of the Forestry Act 1967 or under the conditions of a grant or loan made under section 1 (finance for forestry) of the Forestry Act 1979(5);

(d) the cutting down, uprooting, topping or lopping of a tree by, or on behalf of, a local planning authority;

(e) the cutting down or uprooting—

(i) of a tree whose diameter does not exceed 75 millimetres; or

(ii) where carried out for the sole purpose of improving the growth of other trees, of a tree whose diameter does not exceed 100 millimetres; or

(f) the topping or lopping of a tree whose diameter does not exceed 75 millimetres.

(2) For the purpose of this regulation—

(a) where a tree has more than one stem at a point 1.5 metres above the natural ground level its diameter shall be treated for the purposes of paragraph (1)(e)(i) and (f) or paragraph (1)(e)(ii) as exceeding 75 millimetres or 100 millimetres respectively, if any stem when measured over its bark at that point exceeds 75 millimetres or 100 millimetres respectively;

(b) in any other case, the diameter of a tree shall be ascertained by measurement, over the bark of the tree, at a point 1.5 metres above the natural ground level.

PART IV APPEALS TO BE DISPOSED OF ON THE BASIS OF WRITTEN REPRESENTATIONS AND OTHER DOCUMENTS

Application of Part IV and interpretation

11.—(1) This Part applies in relation to every appeal—

(a) made on or after the date on which these Regulations come into force, under section 78 as applied to applications under orders; and

(b) which is to be disposed of without a hearing or an inquiry to which rules under section 9 (procedure in connection with statutory inquiries) of the Tribunals and Inquiries Act 1992(6) apply.

(2) In this Part—

“appeals questionnaire” means a document in the form supplied by the Secretary of State for the purposes of this Part;

“relevant time limit” means the time limit specified in regulation 13 or in any paragraph of regulation 14, or any such time limit as varied under regulation 15; and

“starting date”, in relation to an appeal, means the date notified by the Secretary of State under regulation 12 as applicable to procedures under this Part as regards that appeal.

Notification of starting date

12.  The Secretary of State shall, on receipt of an appeal to which this Part applies, inform the appellant and the authority, by notice in writing, of the starting date.

Authority’s response to appeal

13.  The authority shall, not later than two weeks after the starting date, submit to the Secretary of State an appropriately completed appeals questionnaire and a copy of the documents referred to in that questionnaire.

Additional and further representations

14.—(1) The appellant and the authority may make additional representations, and any such representations shall be submitted to the Secretary of State not later than six weeks after the starting date.

(2) The Secretary of State shall, by notice in writing, invite the appellant to make further representations in response to—

(a) the documents submitted in accordance with regulation 13; and

(b) the authority’s additional representations (if any) submitted in accordance with paragraph (1),

and the appellant’s further representations (if any) shall be submitted to the Secretary of State not later than two weeks after the date of service of that notice.

(3) Where the appellant has submitted additional representations in accordance with paragraph (1), the Secretary of State shall, by notice in writing, invite the authority to make further representations in response to the appellant’s additional representations, and such further representations (if any) shall be submitted to the Secretary of State not later than two weeks after the date of service of that notice.

Power to vary relevant time limits

15.  The Secretary of State may, by giving a direction by notice in writing to the appellant and the authority, vary any relevant time limit in a particular case.

Decision on basis of material submitted within relevant time limits

16.—(1) The Secretary of State may proceed to a decision taking into account only such representations and supporting documents as have been submitted within the relevant time limits.

(2) The Secretary of State may, after giving the appellant and the authority notice in writing of his intention to do so, proceed to a decision notwithstanding that no representations have been made within the relevant time limits, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

PART V AMENDMENT OF REGULATIONS, REVOCATIONS AND SAVINGS

Amendment of the Town and Country Planning General Regulations 1992

17.  The Town and Country Planning General Regulations 1992(7) are amended—

(a) in regulation 2 (application of provisions of the 1990 Act)—

(i) in paragraph (1), by the substitution for “11 below” of “11A below”; and

(ii) in paragraph (2), by the substitution for “regulation 11” of “regulations 11 and 11A”;

(b) in regulation 11 (other consents)—

(i) by the insertion after “they shall” of “, subject to paragraph (2) and regulation 11A,”;

(ii) at the end, by the addition of the following—

“(2) Where the consent sought under Part VIII is under a tree preservation order, the application shall be determined by the interested planning authority.

(3) Notwithstanding anything in section 101 (arrangements for the discharge of functions by local authorities) of the Local Government Act 1972(8), no application may be determined under paragraph (2)—

(a) by a committee or sub-committee of the interested planning authority if that committee or sub-committee is responsible (wholly or partly) for the management of any land to which the application relates; or

(b) by an officer of the interested planning authority if his responsibilities include any aspect of the management of any land to which the application relates.”; and

(c) after regulation 11, by the insertion of the following—

“Applications by interested planning authorities under tree preservation orders

11A.— (1) Before determining an application under regulation 11(2) the interested planning authority shall publicise it by posting a notice in at least one place on or near the land to which the application relates for not less than 21 days.

(2) A notice under paragraph (1) shall—

(a) identify the tree or trees to which the application relates (if necessary by reference to a plan);

(b) specify the work for which consent is sought;

(c) state the interested planning authority’s reasons for making the application;

(d) state the place at which a copy of the application may be inspected;

(e) state the address to which representations may be sent; and

(f) state the date (being not less than 21 days from the date on which the notice is first displayed) by which representations shall be made,

and shall be sited and displayed in such a way as to be easily visible and legible by members of the public.

(3) Where a notice under paragraph (1) is, without any fault or intention of the interested planning authority, removed, obscured or defaced before the date referred to in paragraph (2)(f), the authority shall be treated as having complied with the requirements of paragraph (1) if they have taken reasonable steps to preserve the notice and, if necessary, replace it.

(4) In determining an application under regulation 11(2), the interested planning authority shall take into account any representations made by the date specified in the notice under paragraph (1) of this regulation.

(5) The interested planning authority shall give notice of their decision to every person who made representations which the authority were required to take into account.”

Revocation and savings

18.—(1) Subject to paragraph (2), the Town and Country Planning (Tree Preservation Order) Regulations 1969(9), the Town and Country Planning (Tree Preservation Order) (Amendment) and (Trees in Conservation Areas) (Exempted Cases) Regulations 1975(10), the Town and Country Planning (Tree Preservation Order) (Amendment) Regulations 1981(11), the Town and Country Planning (Tree Preservation Order) (Amendment) Regulations 1988(12), and so much of article 2 of, and the Schedule to, the Electricity Act 1989 (Consequential Modifications of Subordinate Legislation) Order 1990(13) as relates to the Town and Country Planning (Tree Preservation Order) Regulations 1969, are hereby revoked.

(2) Nothing in paragraph (1) shall affect any order made before the date on which these Regulations come into force (whether the order is confirmed before that date or not).

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Michael Meacher

Minister of State,

Department of the Environment, Transport and the Regions

30th June 1999

Signed by authority of the Secretary of State for Wales

Jon Owen Jones

Parliamentary Under-Secretary of State, Welsh Office

25th June 1999