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

Preliminary information E+W

20.  The relevant authority shall, as soon as practicable after receiving notification of an appeal, send copies of the following to the Secretary of State—

(a) in the case of a tree preservation order appeal—

(i) the application for consent, where relevant; and

(ii) the decision of the relevant authority, if any, including any condition made by the authority in relation to the decision;

(b) in the case of a tree replacement notice appeal—

(i) the notice issued under section 207(1);

(ii) where the notice has been issued following a failure to plant replacement trees under a condition of consent, the original application and consent;

(iii) where the notice has been issued as a result of a contravention of these regulations within section 206(1)(a)(1) (removal, uprooting or destruction of tree in contravention of tree preservation regulations), the date of that breach, if not included in the notice; and

(iv) where the notice has been issued as a result of a failure to replace a protected tree removed under the exception in section 206(1)(b)(2) (dead or dangerous tree), the date of the alleged failure, if not included in the notice.

Commencement Information

I1 Reg. 20 in force at 6.4.2012, see reg. 1(1)

(1)

Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008.

(2)

For the meaning of “prescribed time” in section 206(1)(b), see regulation 25 below.