SCHEDULES

SCHEDULE 3 E+W+S Proceedings under Town and Country Planning Acts in relation to Tree Preservation Orders

2 E+W+SWhere 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 [F1 section 77 of the Town and Country Planning Act 1990] or the corresponding provision of the M1 Town and Country Planning Act 1947 replaced thereby, or (for Scotland) [F2 section 46 of the Town and Country Planning (Scotland) Act 1997] 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 [F3 the said section 77] or (for Scotland) [F2 the said section 46] were incorporated therein subject to such modifications as the Minister may direct.

Textual Amendments

F1 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2, para. 14(3)(a)(i)

F2 Words in Sch. 3 para. 2 substituted (27.5.1997) by virtue of 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 13(3)(a)

F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2, para. 14(3)(a)(ii)

Marginal Citations

M1 1947 c. 51(123:1)