PART 2TREE PRESERVATION ORDERS

Form of tree preservation order2.

(1)

An order shall be in the form set out in the Schedule and—

(a)

shall specify the trees, groups of trees or woodlands to which it relates;

(b)

where the order relates to a group of trees, shall specify the number of trees in the group; and

(c)

shall indicate the position of the trees, groups of trees or woodlands, as the case may be, by reference to a map.

(2)

An order shall contain or be accompanied by the map referred to in paragraph (1)(c); and where a map so accompanies an order it shall be treated as part of that order.

(3)

The map contained in, or accompanying, an order shall be prepared to a scale sufficient to give a clear indication of the position of the trees, groups of trees or woodlands to which the order relates.

Procedure after making an order3.

(1)

As soon as practicable after making an order, and before confirming it, the council shall—

(a)

serve on the persons interested in the land affected by the order—

(i)

a copy of the order; and

(ii)

a notice containing the particulars mentioned in paragraph (2); and

(b)

make a copy of the order available for public inspection, in accordance with paragraph (3).

(2)

The particulars mentioned in this paragraph are—

(a)

the reasons for making the order;

(b)

a statement that objections or other representations with respect to any trees, groups of trees or woodlands specified in the order may be made to the council in accordance with regulation 4;

(c)

the date, being at least 28 days after the date of the notice, by which any objection or representation must be received by the council;

(d)

a copy of regulation 4; and

(e)

where the order contains a direction under section 123 (provisional tree preservation orders), a statement of the effect of that direction.

(3)

Subject to regulations 6(c), 7(c) and 8(1)(c), a copy of the order shall be made available for public inspection in the locality in which the land to which the order relates is situated at all reasonable hours.

Objections and representations4.

Objections and representations—

(a)

shall be made in writing and delivered so as to arrive with the council not later than the date specified under regulation 3(2)(c);

(b)

shall specify the particular trees, groups of trees or woodlands (as the case may be) in respect of which the objections or representations are made; and

(c)

in the case of an objection, shall state the reasons for the objection.

Procedure for confirmation of a tree preservation order5.

(1)

Where the council, after it has considered objections and representations duly made in respect of it and not withdrawn, decides to confirm an order, it may do so with or without modification.

(2)

Where an order is confirmed it shall be endorsed to that effect, and the endorsement shall also indicate—

(a)

that the order is confirmed with modifications or without modification, as the case may be; and

(b)

the date on which it was confirmed.

(3)

Where an order is confirmed with modifications, the modifications shall be indicated in the order.

Action after confirmation of tree preservation order6.

As soon as practicable after confirming an order, the council shall—

(a)

notify the persons interested in the land affected by the order—

(i)

of the confirmation of the order; and

(ii)

of the date on which the order was confirmed;

(b)

where the order was confirmed with modifications, send a copy of the order, as confirmed, to those persons; and

(c)

make a copy of the order, as confirmed, available for public inspection, in place of the copy made so available in accordance with regulation 3(3).

Action where a tree preservation order is not confirmed7.

Where the council decides not to confirm an order it shall as soon as practicable—

(a)

endorse the order with a statement to that effect and with the date of its decision;

(b)

notify the persons interested in the land affected by the order of its decision; and

(c)

withdraw from public inspection the copy of the order made available in accordance with regulation 3(3).

Revocation of tree preservation orders8.

(1)

Where the council revokes an order it shall—

(a)

endorse the original order with a statement to the effect that the order has been revoked, specifying the date of the revocation order;

(b)

serve a copy of the revocation order on the persons interested in the land affected by the order; and

(c)

withdraw from public inspection the copy of the original order made available in accordance with regulation 3(3).

(2)

A revocation order shall contain a statement of the date on which it was made.