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The Planning (Northern Ireland) Order 1991

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Changes over time for: Section 66A

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The Planning (Northern Ireland) Order 1991, Section 66A is up to date with all changes known to be in force on or before 26 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1Preservation of trees in conservation areasN.I.

66A.—(1) Subject to the provisions of this Article and Article 66B, any person who, in relation to a tree to which this Article applies, does any act which might by virtue of Article 65(1)(a) be prohibited by a tree preservation order shall be guilty of an offence.

(2) Subject to Article 66B, this Article applies to any tree in a conservation area in respect of which no tree preservation order is for the time being in force.

(3) It shall be a defence for a person charged with an offence under paragraph (1) to prove—

(a)that he served notice of his intention to do the act in question (with sufficient particulars to identify the tree) on the Department; and

(b)that he did the act in question—

(i)with the consent of the Department; or

(ii)after the expiry of the period of 6 weeks from the date of the notice but before the expiry of the period of 2 years from that date.

(4) Article 66 shall apply to an offence under this Article as it applies to a contravention of a tree preservation order.

[F2(5) An emanation of the Crown shall not, in relation to a tree to which this Article applies, do an act mentioned in paragraph (1) unless—

(a)the first condition is satisfied; and

(b)either the second or third condition is satisfied.

(6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the Department.

(7) The second condition is that the act is done with the consent of the Department.

(8) The third condition is that the act is done—

(a)after the end of the period of 6 weeks starting with the date of the notice; and

(b)before the end of the period of 2 years starting with that date.]]

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