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Town and Country Planning Act 1990, Cross Heading: Compensation for loss or damage caused by orders, etc. is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[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.]
Textual Amendments
F1Ss. 203-205 repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(6), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.
Modifications etc. (not altering text)
C1S. 203: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
[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.]
Textual Amendments
F1Ss. 203-205 repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(6), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.
F2Words in s. 204 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 200(2) (with Sch. 7)
F3Words in s. 204(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 200(3) (with Sch. 7)
Modifications etc. (not altering text)
C2S. 204: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
[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.]
Textual Amendments
F1Ss. 203-205 repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(6), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.
F4Words in s. 205(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 207(a)
F5Word in s. 205(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 207(b)
Modifications etc. (not altering text)
C3S. 205: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
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