Town and Country Planning Act 1990

200 Orders affecting land where Forestry Commissioners interested. E+W

(1) In relation to land in which the Forestry Commissioners have an interest, a tree preservation order may be made only if—

(a) there is not in force in respect of the land a plan of operations or other working plan approved by the Commissioners under a forestry dedication covenant; and

(b) the Commissioners consent to the making of the order.

(2) For the purposes of subsection (1), the Forestry Commissioners are only to be regarded as having an interest in land if—

(a) they have made a grant or loan under section 1 of the M1 Forestry Act 1979 in respect of it, or

(b) there is a forestry dedication covenant in force in respect of it.

(3) A tree preservation order in respect of such land shall not have effect so as to prohibit, or to require any consent for, the cutting down of a tree in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under a forestry dedication covenant or under the conditions of a grant or loan made under section 1 of the Forestry Act 1979.

(4) In this section—

(a) “a forestry dedication covenant” means a covenant entered into with the Commissioners under section 5 of the M2 Forestry Act 1967; and

(b) references to provisions of the Forestry Act 1967 and the Forestry Act 1979 include references to any corresponding provisions replaced by those provisions or by earlier corresponding provisions.

Modifications etc. (not altering text)

C1 S. 200: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C2 S. 200: 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

M1 1979 c. 21.

M2 1967 c. 10.