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Town and Country Planning (Scotland) Act 1997
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Changes over time for: Section 166
Version Superseded: 01/04/2019
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- 27/05/1997- Amendment
- 27/05/1997
Point in time - 01/04/2019- Amendment
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Town and Country Planning (Scotland) Act 1997, Section 166 is up to date with all changes known to be in force on or before 11 November 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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166 Compensation in respect of requirement as to replanting of trees.S
(1)This section applies where—
(a)a requirement is imposed by the planning authority or the Secretary of State under a tree preservation order for securing the replanting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order, and
(b)the Forestry Commissioners decide not to make any grant or loan under section 1 of the M1Forestry Act 1979 in respect of the replanting by reason that the requirement frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry.
(2)Where this section applies, the planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the requirement.
(3)The Forestry Commissioners shall, at the request of the person under a duty to comply with such a requirement as is mentioned in subsection (1)(a), give a certificate stating—
(a)whether they have decided not to make such a grant or loan as is mentioned in subsection (1)(b), and
(b)if so, the grounds for their decision.
(4)A claim for compensation under this section must be served on the planning authority—
(a)within 12 months from the date on which the requirement was made, or
(b)where an application has been made to the Secretary of State for the determination of any question relating to the reasonableness of a requirement, within 12 months from the date of the determination of the Secretary of State,
but subject in either case to such extension of that period as the planning authority may allow.
(5)Any question of disputed compensation under this section shall be determined in accordance with section 70 of the M2Countryside (Scotland) Act 1967.
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