Planning Act 2008 (c. 29)

SCHEDULES

Yn ddilys o 06/04/2012

SCHEDULE 8 U.K. Tree preservation orders: further amendments

Town and Country Planning Act 1990 (c. 8) U.K.

7 U.K. TCPA 1990 is amended as follows.

8 U.K. In section 198(7) (provisions subject to which section has effect), for “This section” substitute “ Tree preservation regulations ”.

9 U.K. In section 200(1) (tree preservation orders do not affect things done or approved by Forestry Commissioners), for “A tree preservation order does not” substitute “ Tree preservation regulations do not ”.

10 U.K. In section 202(2) (effect of order made by Secretary of State or Welsh Ministers), for the words from “have the same effect” to the end substitute “ , once it has taken effect in accordance with tree preservation regulations, have the same effect as if it had been made by the local planning authority under section 198(1). ”

11 U.K. In section 206(1) (duty to plant replacement tree)—

(a) in paragraph (a), for “the order” substitute “ tree preservation regulations ”, and

(b) in paragraph (b), for the words from “at a time” to the end of the paragraph substitute “ at a prescribed time, ”.

12 U.K. In section 207(1) (enforcement of duties to replace trees), in paragraph (b), for “a tree preservation order” substitute “ tree preservation regulations ”.

13 (1) Section 210 (penalties for non-compliance with tree preservation order) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “a tree preservation order” substitute “ tree preservation regulations ”,

(b) in paragraph (a) omit the “or” at the end, and

(c) after paragraph (b) insert— “or

(c) causes or permits the carrying out of any of the activities in paragraph (a) or (b),”.

(3) In subsection (4), for “a tree preservation order” substitute “ tree preservation regulations ”.

(4) In the side-note, for “order” substitute “ regulations ”.

14 U.K. In section 211 (preservation of trees in conservation areas)—

(a) in subsection (1), for “which might by virtue of section 198(3)(a) be prohibited by a tree preservation order” substitute “ which might by virtue of section 202C be prohibited by tree preservation regulations ”, and

(b) in subsection (4), for “a tree preservation order” substitute “ tree preservation regulations ”.

15 U.K. In section 212 (power to disapply section 211) omit subsection (4).

16 U.K. In section 213(1)(b) (duty to plant replacement tree in conservation area), for the words from “at a time” to the end of the paragraph substitute “ at a prescribed time, ”.

17 U.K. In section 284(3)(h)(i) (decision relating to an application for consent under a tree preservation order is an action to which the section applies), for “a tree preservation order” substitute “ tree preservation regulations ”.

18 U.K. In section 329(3B)(i) (section 329(1)(cc) does not apply to things done in connection with tree preservation orders), for “regulations under section 199” substitute “ tree preservation regulations ”.

19 U.K. In section 336(1) (interpretation) at the appropriate place insert—

““tree preservation regulations” means regulations under section 202A(1);”.