Part VIII Special Controls
Chapter I Trees
Compensation for loss or damage caused by orders, etc.
203 Compensation in respect of tree preservation orders.
F1A tree preservation order may make provision for the payment by the local planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence—
(a)
of the refusal of any consent required under the order, or
(b)
of the grant of any such consent subject to conditions.
204 Compensation in respect of requirement as to replanting of trees.
F1(1)
This section applies where—
(a)
in pursuance of provision made by a tree preservation order, a direction is given by the local planning authority or the Secretary of State 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; and
(b)
the F2Natural Resources Body for Wales decide not to make any grant or loan under F3article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903) in respect of the replanting by reason that the direction 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.
(2)
Where this section applies, the local 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 direction.
(3)
The F2Natural Resources Body for Wales shall, at the request of the person under a duty to comply with such a direction as is mentioned in subsection (1)(a), give a certificate stating—
(a)
whether they have decided not to make such a grant or loan as is mentioned in subsection (1)(b), and
(b)
if so, the grounds for their decision.
(4)
A claim for compensation under this section must be served on the local planning authority—
(a)
within 12 months from the date on which the direction was given, or
(b)
where an appeal has been made to the Secretary of State against the decision of the local planning authority, within 12 months from the date of the decision of the Secretary of State on the appeal,
but subject in either case to such extension of that period as the local planning authority may allow.
205 Determination of compensation claims.
F1(1)
Except in so far as may be otherwise provided by any tree preservation order or any regulations made under this Act, any question of disputed compensation under section 203 or 204 shall be referred to and determined by the F4Upper Tribunal.
(2)
In relation to the determination of any such question, the provisions of F5section 4 of the M1Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.