Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

164 Compensation in respect of requirement as to replanting of trees. S

(1) The provisions of this section shall have effect where a requirement is imposed by the. . . F1 planning authority or the Secretary of State by or under a tree preservation order for securing the replanting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order.

(2) If the Forestry Commissioners decide not to make any advance under [F2 section 1 of the M1 Forestry Act 1979] in respect of the replanting and come to that decision on the ground that the requirement frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry, the. . . F1 planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the requirement.

(3) The Forestry Commissioners shall, at the request of the person under a duty to comply with the requirement, give a certificate stating whether they have decided not to make any such advance and, if so, the grounds of their decision.

(4) A claim for compensation under this section must be served on the. . . F1 planning authority within twelve months from the date on which the requirement was imposed, or where an application has been made to the Secretary of State for the determination of any question relating to the reasonableness of a requirement, from the date of the decision of the Secretary of State on the application, but subject in either case to such extension of that period as the. . . F1 planning authority may allow.

(5) Any question of disputed compensation under this section shall be determined in accordance with section 70 of the M2 Countryside (Scotland) Act 1967.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F3 S. 164(6) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

Marginal Citations

M1 1979 c. 21.

M2 1967 c. 86