The Town and Country Planning (Tree Preservation)(England) Regulations 2012

Regulation 3(1)

SCHEDULE E+W Form of Tree Preservation Order

Town and Country Planning Act 1990

The [title of Order (including year)]

The [name of Council], in exercise of the powers conferred on them by section 198 of the Town and Country Planning Act 1990 make the following Order—

Citation E+W

1.  This Order may be cited as [title of Order (including year)].

Commencement Information

I1 Sch. para. 1 in force at 6.4.2012, see reg. 1(1)

Interpretation E+W

2.—(1) In this Order “the authority” means the [name of Council making the Order].

(2) In this Order any reference to a numbered section is a reference to the section so numbered in the Town and Country Planning Act 1990 and any reference to a numbered regulation is a reference to the regulation so numbered in the Town and Country Planning (Tree Preservation)(England) Regulations 2012.

Commencement Information

I2 Sch. para. 2 in force at 6.4.2012, see reg. 1(1)

Effect E+W

3.—(1) Subject to article 4, this Order takes effect provisionally on the date on which it is made.

(2) Without prejudice to subsection (7) of section 198 (power to make tree preservation orders) or subsection (1) of section 200 (tree preservation orders: Forestry Commissioners) and, subject to the exceptions in regulation 14, no person shall—

(a) cut down, top, lop, uproot, wilfully damage, or wilfully destroy; or

(b) cause or permit the cutting down, topping, lopping, wilful damage or wilful destruction of,

any tree specified in the Schedule to this Order except with the written consent of the authority in accordance with regulations 16 and 17, or of the Secretary of State in accordance with regulation 23, and, where such consent is given subject to conditions, in accordance with those conditions.

Commencement Information

I3 Sch. para. 3 in force at 6.4.2012, see reg. 1(1)

Application to trees to be planted pursuant to a condition E+W

4.  In relation to any tree identified in the first column of the Schedule by the letter “C”, being a tree to be planted pursuant to a condition imposed under paragraph (a) of section 197 (planning permission to include appropriate provision for preservation and planting of trees), this Order takes effect as from the time when the tree is planted.

Dated this [insert date of Order] day of [insert month and year]

Commencement Information

I4 Sch. para. 4 in force at 6.4.2012, see reg. 1(1)

Article 3

SCHEDULE E+W Specification of trees

Commencement Information

I5 Sch. in force at 6.4.2012, see reg. 1(1)

Trees specified individually

(encircled in black on the map)

Reference on map	Description	Situation
[T1]	[ash]	[complete if necessary to specify more precisely the position of the trees]

Trees specified by reference to an area

(within a dotted black line on the map)

Reference on map	Description	Situation
[A1]	[trees (of whatever species) within the area marked A1 on the map]	[complete if necessary to specify more precisely the position of the trees]
[A2]	[the ash, beech, larch and oak trees within the area marked A2 on the map]	[complete if necessary to specify more precisely the position of the trees]

Groups of trees

(within a broken black line on the map)

Reference on map	Description (including number of trees of each species in the group)	Situation
[G1]	[2 ash trees, 3 birch trees and 3 oak trees]	[complete if necessary to specify more precisely the position of the trees]

Woodlands

(within a continuous black line on the map)

Reference on map	Description	Situation
[W1]	[mixed hardwoods (mainly oak, ash and alder)]	[complete if necessary to specify more precisely the position of the trees]
[W2]	[mixed conifers and deciduous trees (mainly Scots pine and birch)]	[complete if necessary to specify more precisely the position of the trees]