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Town and Country Planning Act 1990, Section 211 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to the provisions of this section and section 212, any person who, in relation to a tree to which this section applies, does any act which might by virtue of section 198(3)(a) be prohibited by a tree preservation order shall be guilty of an offence.
(2)Subject to section 212, this section applies to any tree in a conservation area in respect of which no tree preservation order is for the time being in force.
(3)It shall be a defence for a person charged with an offence under subsection (1) to prove—
(a)that he served notice of his intention to do the act in question (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is or was situated; and
(b)that he did the act in question—
(i)with the consent of the local planning authority in whose area the tree is or was situated, or
(ii)after the expiry of the period of six weeks from the date of the notice but before the expiry of the period of two years from that date.
(4)Section 210 shall apply to an offence under this section as it applies to a contravention of a tree preservation order.
Modifications etc. (not altering text)
C1S. 211: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 211 excluded (2.8.1999) by S.I. 1999/1892, reg. 10(1)
C2S. 211: 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
C3S. 211(1) excluded (18.12.1996) by 1996 c. 61, s. 28(1)(b)
C4S. 211(1) excluded (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 28(4)(b) (with art. 38)
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