Part VIIIE+W Special Controls

Modifications etc. (not altering text)

C1Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)

Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)

Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Chapter IE+W Trees

Tree preservation ordersE+W

198 Power to make tree preservation orders.E+W

(1)If it appears to a local planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area, they may for that purpose make an order with respect to such trees, groups of trees or woodlands as may be specified in the order.

(2)An order under subsection (1) is in this Act referred to as a “tree preservation order”.

(3)[F1A tree preservation order may, in particular, make provision—

(a)for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees except with the consent of the local planning authority, and for enabling that authority to give their consent subject to conditions;

(b)for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order;

(c)for applying, in relation to any consent under the order, and to applications for such consent, any of the provisions of this Act mentioned in subsection (4), subject to such adaptations and modifications as may be specified in the order.]

(4)[F1The provisions referred to in subsection (3)(c) are—

(a)the provisions of Part III relating to planning permission and to applications for planning permission, except sections 56, 62, 65 F2. . ., 69(3) and (4), 71, F3. . ., 91 to 96, 100 and 101 and Schedule 8; and

(b)sections 137 to 141, 143 and 144 (except so far as they relate to purchase notices served in consequence of such orders as are mentioned in section 137(1)(b) or (c));

(c)section 316.]

(5)A tree preservation order may be made so as to apply, in relation to trees to be planted pursuant to any such conditions as are mentioned in section 197(a), as from the time when those trees are planted.

(6)[F4Without prejudice to any other exemptions for which provision may be made by a tree preservation order, no such order shall apply—

(a)to the cutting down, uprooting, topping or lopping of trees which are dying or dead or have become dangerous, or

(b)to the cutting down, uprooting, topping or lopping of any trees in compliance with any obligations imposed by or under an Act of Parliament or so far as may be necessary for the prevention or abatement of a nuisance.]

(7)[F5This section] [F5Tree preservation regulations] shall have effect subject to—

(a)section 39(2) of the M1Housing and Planning Act 1986 (saving for effect of section 2(4) of the M2Opencast Coal Act 1958 on land affected by a tree preservation order despite its repeal); and

(b)section 15 of the M3Forestry Act 1967 (licences under that Act to fell trees comprised in a tree preservation order).

[F6(8)[F7In relation to an application for consent under a tree preservation order the appropriate authority may by regulations make provision as to—

(a)the form and manner in which the application must be made;

(b)particulars of such matters as are to be included in the application;

(c)the documents or other materials as are to accompany the application.]

(9)[F7The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales,

and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.]]

Textual Amendments

F1S. 198(3)(4) repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(2)(a), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

F5Words in s. 198(7) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 8 (with s. 226); S.I. 2012/601, art. 2(a)

F6 S. 198(8)(9) inserted (6.8.2004 for certain purposes and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(3), 121 (with s. 111); S.I. 2004/2097, art. 2

F7S. 198(8)(9) repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(2)(c), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

Modifications etc. (not altering text)

C2 S. 198: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C3 S. 198: 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

Marginal Citations