SCHEDULE 3E+W+S Proceedings under Town and Country Planning Acts in relation to Tree Preservation Orders
1E+W+SProvisions of section 15 of this Act requiring an application for a felling licence to be dealt with under the Town and Country Planning Acts shall be construed in accordance with this Schedule.
2Where under section 15(2)(a) an application, on being referred to the Minister, falls to be dealt with under the said Acts, the following shall apply:—
(a)if the tree preservation order applies [F1section 77 of the Town and Country Planning Act 1990] or the corresponding provision of the M1Town and Country Planning Act 1947 replaced thereby, or (for Scotland) [F2section 32 of the M2Town and Country Planning (Scotland) Act 1972] the provisions of the order and any provisions of the said Acts relating to the order shall apply as if the application—
(i)had been one made under the order for the felling of the trees; and
(ii)had been referred to the Minister in pursuance of the said section as so applied;
(b)if the order contains no such provisions as aforesaid it shall have effect for the purposes of this paragraph as if [F3the said section 77] or (for Scotland) [F2the said section 32] were incorporated therein subject to such modifications as the Minister may direct.
Textual Amendments
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2, para. 14(3)(a)(i)
F2Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II
F3Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2, para. 14(3)(a)(ii)
Marginal Citations
M11947 c. 51(123:1)
M21972 c. 52(123:2)
3Where under section 15(3)(a) of this Act an application, on being referred to an authority who have made a tree preservation order, falls to be dealt with under the Town and Country Planning Acts, the provisions of the order and any provisions of [F4the Town and Country Planning Act 1990] or (for Scotland) [F5the M3Town and Country Planning (Scotland) Act 1972] relating to the order shall apply as if the application were an application made to the said authority for consent for the felling of the trees to which the application for a felling licence relates.
Textual Amendments
F4Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2, para. 14(3)(6)
F5Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II
Marginal Citations
M31972 c. 52(123:2)
4In this Schedule “the Minister”, in relation to England, means the [F6Secretary of State] and not the Minister of Agriculture, Fisheries and Food.
Textual Amendments
F6Words substituted by virtue of S.I. 1970/1681 arts. 2(1), 6(3)