Town and Country Planning (Scotland) Act 1997

Tree preservation orders S

160 Power to make tree preservation orders. S

(1) If it appears to a planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their district, 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) A 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 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) The 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 32, 34, 35, 36(2) and (3), 38, 58 to 62, 69 and 70 and Schedules 6 and 7, and section 65 of the M1 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997,

(b) sections 88 to 92, 94 and 95 (except so far as they relate to purchase notices served in consequence of such orders as are mentioned in section 88(1)(b) or (c)), and

(c) section 263.

(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 159(a), as from the time when those trees are planted.

(6) Without prejudice to any other exemptions for which provision may be made by a tree preservation order, nothing in such an order shall prohibit the uprooting, felling or lopping of trees if—

(a) it is urgently necessary in the interests of safety,

(b) it is necessary for the prevention or abatement of a nuisance, or

(c) it is in compliance with any obligation imposed by or under an Act of Parliament,

so long as, where paragraph (a) or (b) applies, notice in writing of the proposed operations is given to the planning authority as soon as practicable after the operations become necessary.

(7) This section shall have effect subject to—

(a) section 39(2) of the M2 Housing and Planning Act 1986 (saving for effect of section 2(4) of the M3 Opencast Coal Act 1958 on land affected by a tree preservation order despite its repeal), and

(b) section 15 of the M4 Forestry Act 1967 (licences under that Act to fell trees comprised in a tree preservation order).

Marginal Citations

M1 1997 c. 9.

M2 1986 c. 63.

M3 1958 c. 69.

M4 1967 c. 10.

161 Form of and procedure applicable to orders. S

(1) Subject to section 163 and 249, a tree preservation order shall not take effect until it is confirmed by the planning authority and the planning authority may confirm any such order either without modification or subject to such modifications as they consider expedient.

(2) As soon as a tree preservation order is confirmed, the planning authority shall record it in the appropriate Register of Sasines or, as the case may be, register it in the Land Register of Scotland.

(3) Provision may be made by regulations with respect to—

(a) the form of tree preservation orders, and

(b) the procedure to be followed in connection with the confirmation of such orders.

(4) Without prejudice to the generality of subsection (3), the regulations may make provision—

(a) that, before a tree preservation order is confirmed by the planning authority, notice of the making of the order shall be given to the owners, lessees and occupiers of land affected by the order and to such other persons, if any, as may be specified in the regulations,

(b) that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered before the order is confirmed by the planning authority, and

(c) that copies of the order, when confirmed by the authority, shall be served on such persons as may be specified in the regulations.

162 Orders affecting land where Forestry Commissioners interested. S

(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 agreement, and

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

(2) For the purposes of subsection (1), the Forestry Commissioners have an interest in land if—

(a) they have made a grant or loan under section 1 of the M5 Forestry Act 1979 in respect of it, or

(b) there is a forestry dedication agreement 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 agreement 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 agreement” means an agreement entered into with the Commissioners under section 5 of the M6 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.

Marginal Citations

M5 1979 c. 21.

M6 1967 c. 10.

163 Provisional tree preservation orders. S

(1) If it appears to a planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation, they may include in the order as made by them a direction that this section shall apply to the order.

(2) Notwithstanding section 161(1), an order which contains such a direction—

(a) shall take effect provisionally on such date as may be specified in it, and

(b) shall continue in force by virtue of this section until—

(i) the expiration of a period of 6 months beginning with the date on which the order was made, or

(ii) the date on which the order is confirmed,

whichever first occurs.

(3) Provision shall be made by regulations for securing that the notices to be given of the making of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction.

164 Power for Secretary of State to make tree preservation orders. S

(1) If it appears to the Secretary of State that it is expedient that a tree preservation order, or an order amending or revoking such an order, should be made, he may himself make such an order.

(2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and confirmed by them under this Chapter.

(3) The Secretary of State shall not make such an order without consulting the planning authority.

(4) The provisions of this Chapter and of any regulations made under it with respect to the procedure to be followed in connection with the making and confirmation of any order mentioned in subsection (1) and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1), its making by him and the service of copies of it.