Search Legislation

The Town and Country Planning (Tree Preservation)(England) Regulations 2012

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 4APPLICATIONS FOR CONSENT UNDER TREE PRESERVATION ORDERS

Applications for consent under tree preservation order

16.—(1) Subject to the following provisions of this regulation, an application for consent to the cutting down, topping, lopping or uprooting of any tree in respect of which an order is for the time being in force shall—

(a)be made in writing to the authority on a form published by the Secretary of State for the purpose of proceedings under these Regulations;

(b)include the particulars specified in the form; and

(c)be accompanied, whether electronically or otherwise, by—

(i)a plan which identifies the tree or trees to which the application relates;

(ii)such information as is necessary to specify the work for which consent is sought;

(iii)a statement of the applicant’s reasons for making the application; and

(iv)appropriate evidence describing any structural damage to property or in relation to tree health or safety, as applicable.

(2) Where an application is made using electronic communication, the applicant shall be taken to have agreed—

(a)to the use of such communication by the authority for the purposes of that application;

(b)that the address for these purposes is the address incorporated into, or otherwise logically associated with, that application; and

(c)that deemed agreement under this paragraph shall subsist until the applicant gives notice in writing—

(i)withdrawing any address notified to the authority for that purpose; or

(ii)revoking the deemed agreement,

and such withdrawal or revocation shall be final and shall take effect on the date specified by the person in the notice being not less than seven days after the date on which the notice is given.

Determination of applications for consent and conditions

17.—(1) Where an application is made to the authority for consent under an order in accordance with regulation 16 the authority may—

(a)grant consent under the order, either unconditionally or subject to any such condition as is specified in paragraph (2); or

(b)refuse consent under the order.

(2) The conditions referred to in paragraph (1) are—

(a)conditions within subsection (4) of section 202D(1) (tree preservation regulations: consent for prohibited activities);

(b)conditions requiring approvals to be obtained from the person giving the consent;

(c)conditions specifying the standard to which the works for which consent has been given must be carried out; and

(d)conditions specifying that the works may be carried out on multiple occasions or within a specified time period only or both.

(3) Where an application relates to an area of woodland, the authority shall grant consent so far as accords with the practice of good forestry, unless they are satisfied that the granting of consent would fail to secure the maintenance of the special character of the woodland or the woodland character of the area.

(4) Where consent is granted under paragraph (1)(a)

(a)such consent shall be valid for a period of two years beginning with the date of its grant; and

(b)the works for which such consent is granted may only be carried out once,

unless otherwise stated in a condition within paragraph (2)(d).

(5) A grant of consent under paragraph (1)(a) shall (except so far as the consent otherwise provides) enure for the benefit of the land to which the order relates and of all persons for the time being interested in it.

(1)

Section 202D was inserted by section 192(1) and (7) of the Planning Act 2008.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources