- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/06/2008)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/11/2010
Point in time view as at 25/06/2008. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Planning etc. (Scotland) Act 2006, Section 28.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)In section 159 of the principal Act (general duties of planning authority as respects trees)—
(a)the words “ of the planning authority ” are repealed,
(b)at the beginning of paragraph (a), insert “ of the Scottish Ministers and the planning authority ”,
(c)at the beginning of paragraph (b), insert “ of the planning authority ”, and
(d)at the end add “, and
(c)of the planning authority from time to time to review any order made in exercise of their powers under that section and to consider whether it is requisite to vary or revoke the order in question.”.
(2)In section 160 of that Act (power to make tree preservation orders)—
(a)for subsection (1) substitute—
“(1)A planning authority may, if it appears to them that the requirements of subsection (1A) are met, make an order specifying any trees, groups of trees or woodlands in their district and providing for their preservation.
(1A)Those requirements are (either or both)—
(a)that it is expedient in the interests of amenity to make that provision,
(b)that the trees, groups of trees or woodlands are of cultural or historical significance.”,
(b)in subsection (6), the words “ , where paragraph (a) or (b) applies, ” are repealed, and
(c)after subsection (7) insert—
“(8)In relation to an application for consent under a tree preservation order the Scottish Ministers may by regulations make provision as to—
(a)the form and manner in which the application must be made,
(b)particulars of such matters as are to be included in the application,
(c)any documents or other materials which are to accompany the application.”.
(3)In section 161 of that Act (form of, and procedure applicable to, tree preservation orders), for subsection (1) substitute—
“(1)Subject to section 249, a tree preservation order—
(a)takes effect on such date as may be specified in the order, but
(b)expires 6 months after it is made unless it has, within that period, been confirmed by the planning authority.
(1A)An order may be confirmed under subsection (1)(b) without modification or subject to such modifications as the planning authority consider expedient.”.
(4)After section 161 insert—
(1)If it appears to a planning authority that a tree, group of trees or woodlands—
(a)on land in their district, and
(b)in respect of which they have made a tree preservation order,
may be in imminent danger of being cut down, topped, lopped, uprooted, wilfully damaged or wilfully destroyed and accordingly that it is expedient that a copy of the order should be affixed conspicuously to the tree, group of trees or woodlands in question, a person duly authorised in writing by them may enter the land and so affix such a copy.
(2)Subsection (1) is without prejudice to any provision made by virtue of section 161(3)(b) and (4) as respects notice of the making of the order.”.
(5)In section 164(2) of that Act (effect of tree preservation order made by Scottish Ministers), after the word “and” insert “ timeously ”.
(6)In section 168 of that Act (enforcement of duties as to replacement of trees), after subsection (3) insert—
“(3A)In relation to any tree planted by virtue of a requirement such as is mentioned in subsection (1)(b), the relevant tree preservation order shall apply as it applied to the original trees.”.
Commencement Information
I1S. 28(1)(a)(b)(c) in force at 1.4.2007 by S.S.I. 2007/130, art. 2(2)(3), Sch.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys