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

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Application of Part 5 and interpretation

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

(a)under regulation 19 (“a tree preservation order appeal”); or

(b)against a notice served under section 207(1)(1) (enforcement of duties as to replacement of trees) (“a tree replacement notice appeal”),

which is to be disposed of without a hearing or inquiry to which rules under section 9 of the Tribunals and Inquiries Act 1992(2) (procedure in connection with statutory inquiries) apply.

(2) In this Part—

“appointed person” means a person appointed by the Secretary of State under Schedule 6 to the Town and Country Planning Act 1990 to determine an appeal;

“parties” in relation to an appeal, means the appellant and the relevant authority;

“preliminary information” means the documents supplied by the relevant authority in accordance with regulation 20;

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

“relevant authority” in relation to an appeal, means the local planning authority that made the decision (including any failure to determine the application) or served the notice which is the subject of the appeal.

(1)

Section 207(1) was amended by section 192(8) of, and paragraphs 7 and 12 of Schedule 8 to, the Planning Act 2008.

(2)

1992 c.53; there are amendments to section 9 but none is relevant to these Regulations.

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