Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

60 Replacement of trees. S

(1) If any tree in respect of which a tree preservation order is for the time being in force,. . . F1 , is removed, [F2 uprooted] or destroyed in contravention of the order or [F3 , except in the case of a tree to which the order applies as part of a woodland,] is removed, [F2 uprooted] or destroyed or dies at a time when its [F2 uprooting or] felling is authorised only by virtue of the provisions of section 58(6) of this Act relating to [F2 uprooting or] felling where urgently necessary in the interests of safety, it shall be the duty of the owner of the land, unless on his application the. . . F4 planning authority dispense with this requirement, to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.

[F5 (1A) In respect of trees in a woodland it shall be sufficient for the purposes of this section to replace the trees removed, uprooted or destroyed by planting the same number of trees either on or near the land on which the trees removed, uprooted or destroyed stood or on such other land as may be agreed between the planning authority and the owner of the land, and (in either case) in such places as may be designated by the planning authority.]

(2) In relation to any tree planted pursuant to this section, the relevant tree preservation order shall apply as it applied to the original tree.

(3) The duty imposed by subsection (1) of this section on the owner of any land shall attach to the person who is from time to time the owner of the land and may be enforced as provided by section 99 of this Act and not otherwise.

Textual Amendments

F1 Words repealed by Town and Country Planning (Amendment) Act 1985 (c. 52, SIF 123:1, 2), ss. 2(1), 3(4)

F2 Words inserted by Town and Country Amenities Act 1974 (c. 32), s. 11(2)(b), (7)

F3 Words inserted by the Town and Country Planning (Amendment) Act 1985 (c. 52, SIF 123:1, 2), ss. 2(2), 3(4)

F4 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F5 S. 60(1A) inserted by Town and Country Planning (Amendment) Act 1985 (c. 52, SIF 123:1, 2), ss. 2(3), 3(4)