C1 Part VIII Special Controls

Annotations:
Modifications etc. (not altering text)
C1

Pt. 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 I Trees

Tree preservation orders

202DF1Tree preservation regulations: consent for prohibited activities

1

This section applies if tree preservation regulations make provision under section 202C(4).

2

Tree preservation regulations may make provision—

a

about who may give consent;

b

for the giving of consent subject to conditions;

c

about the procedure to be followed in connection with obtaining consent.

3

The conditions for which provision may be made under subsection (2)(b) include—

a

conditions as to planting of trees;

b

conditions requiring approvals to be obtained from the person giving the consent;

c

conditions limiting the duration of the consent.

4

The conditions mentioned in subsection (3)(a) include—

a

conditions requiring trees to be planted;

b

conditions about the planting of any trees required to be planted by conditions within paragraph (a), including conditions about how, where or when planting is to be done;

c

conditions requiring things to be done, or installed, for the protection of any trees planted in pursuance of conditions within paragraph (a).

5

In relation to any tree planted in pursuance of a condition within subsection (4)(a), tree preservation regulations may make provision —

a

for the tree preservation order concerned to apply to the tree;

b

authorising the person imposing the condition to specify that the tree preservation order concerned is not to apply to the tree.

6

“The tree preservation order concerned” is the order in force in relation to the tree in respect of which consent is given under tree preservation regulations.

7

The provision that may be made under subsection (2)(c) includes provision about applications for consent, including provision as to—

a

the form or manner in which an application is to be made;

b

what is to be in, or is to accompany, an application.

8

Tree preservation regulations may make provision for appeals—

a

against refusal of consent;

b

where there is a failure to decide an application for consent;

c

against conditions subject to which consent is given;

d

against refusal of an approval required by a condition;

e

where there is a failure to decide an application for such an approval.

9

Tree preservation regulations may make provision in connection with appeals under provision made under subsection (8), including—

a

provision imposing time limits;

b

provision for further appeals;

c

provision in connection with the procedure to be followed on an appeal (or further appeal);

d

provision about who is to decide an appeal (or further appeal);

e

provision imposing duties, or conferring powers, on a person deciding an appeal (or further appeal).