Planning and Compulsory Purchase Act 2004 (c. 5)

Part 7 E+W+S Crown application of planning Acts

Chapter 1 E+W England and Wales

Trees E+W

86 Trees in conservation areas: acts of Crown E+W

After section 211(4) of the principal Act (preservation of trees in conservation areas) there are inserted the following subsections—

“(5) An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless—

(a) the first condition is satisfied, and

(b) either the second or third condition is satisfied.

(6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is situated.

(7) The second condition is that the act is done with the consent of the authority.

(8) The third condition is that the act is done—

(a) after the end of the period of six weeks starting with the date of the notice, and

(b) before the end of the period of two years starting with that date.”

Commencement Information

I1 S. 86 in force at 7.6.2006 by S.I. 2006/1281, art. 2(a)