13(1)[F1In the case of any area for which there is both a district planning authority and a county planning authority, the county planning authority] may only make a tree preservation order—E+W
(a)if they make it in pursuance of section 197(b);
(b)if it relates to land which does not lie wholly within the area of a single district planning authority;
(c)if it relates to land in which the county planning authority hold an interest; F2. . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where a local planning authority have made a tree preservation order under section 198 or the Secretary of State has made such an order by virtue of section 202, the powers of varying or revoking the order and the powers of dispensing with section 206 or serving, or appearing on an appeal relating to, a notice under section 207 shall be exercisable only by the authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.
Textual Amendments
F1Words in Sch. 1 para. 13(1) substituted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 32(14)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2
F2Sch. 1 para. 13(d) and word “or” preceding it repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.