Part VIIISpecial Controls

Chapter ITrees

Tree preservation orders

200Orders affecting land where Forestry Commissioners interested

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 [1979 c. 21.] 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 [1967 c. 10.] 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.