Town and Country Planning (Scotland) Act 1997 (c. 8)

Part VII S Special Controls

Modifications etc. (not altering text)

C1 Pt. VII functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)

Chapter I S Trees

Tree preservation orders S

[F1 162 Tree preservation: Forestry Commissioners S

(1) A tree preservation order does not have effect in respect of anything done—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) by or on behalf of any other person in accordance with a relevant plan which is for the time being in force.

[F3 (2) A relevant plan is—

(a) a plan of operations or other working plan approved by the Forestry Commissioners under—

(i) a forestry dedication agreement within the meaning of section 5 of the Forestry Act 1967, or

(ii) conditions of a grant or loan made under section 1 of the Forestry Act 1979,

(b) a plan approved by the Scottish Ministers under conditions of financial assistance provided under section 71 of the Forestry and Land Management (Scotland) Act 2018, provided that the plan relates to the promotion of sustainable forest management, or

(c) any other plan approved by the Scottish Ministers relating to sustainable forest management.]

(3) A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 [F4 or the Forestry and Land Management (Scotland) Act 2018] includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.]

Textual Amendments

F1 S. 162 substituted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 95, 121(4) (with s. 111); S.S.I. 2006/268, art. 3(b)

F2 S. 162(1)(a) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Amendments) Regulations 2019 (S.S.I. 2019/125), regs. 1(2), 9(2)(a)

F3 S. 162(2) substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Amendments) Regulations 2019 (S.S.I. 2019/125), regs. 1(2), 9(2)(b)

F4 Words in s. 162(3) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Amendments) Regulations 2019 (S.S.I. 2019/125), regs. 1(2), 9(2)(c)