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Town and Country Planning (Scotland) Act 1997
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Town and Country Planning (Scotland) Act 1997, Section 174 is up to date with all changes known to be in force on or before 04 March 2025. 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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174 Enforcement of controls as respects trees in conservation areas.S
(1)If any tree to which section 172 applies—
(a)is removed, uprooted or destroyed in contravention of that section, or
(b)is removed, uprooted or destroyed or dies at a time when its cutting down or uprooting is authorised only by virtue of the provisions of such regulations under subsection (1) of section 173 as are mentioned in subsection (4) of that section,
it shall be the duty of the owner of the land to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.
(2)The duty imposed by subsection (1) does not apply to an owner if on application by him the planning authority dispense with it.
(3)The duty imposed by subsection (1) on the owner of any land attaches to the person who is from time to time the owner of the land and may be enforced as provided by section 168 and not otherwise.
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