Planning Act 2008 (c. 29)

SCHEDULES

SCHEDULE 8 U.K. Tree preservation orders: further amendments

Forestry Act 1967 (c. 10) U.K.

1 U.K. The Forestry Act 1967 is amended as follows.

Commencement Information

I1 Sch. 8 para. 1 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)

2 (1) Section 15 (trees subject to preservation orders under Planning Acts) is amended as follows. U.K.

(2) In subsection (1) for “consent under the order” substitute “ relevant consent ”.

(3) After subsection (1) insert—

“(1A) In subsection (1) “relevant consent” means—

(a) in the case of trees in [F1 England or Wales], consent under tree preservation regulations;

(b) in the case of trees in Scotland, consent under the tree preservation order.”

(4) In subsection (5) for the words from “application” to “thereunder” substitute “ relevant application shall be entertained ”.

(5) After subsection (5) insert—

“(5A) In subsection (5) “relevant application” means—

(a) in the case of trees in [F2 England or Wales], an application under tree preservation regulations for consent under the regulations;

(b) in the case of trees in Scotland, an application under a tree preservation order for consent under the order.”

Textual Amendments

F1 Words in Sch. 8 para. 2(1A)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 440 (with Sch. 7)

F2 Words in Sch. 8 para. 2(5A)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 440 (with Sch. 7)

Commencement Information

I2 Sch. 8 para. 2 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)

3 U.K. In section 18 (felling directions), in subsection (5) for the words from “shall” to the end substitute “shall be sufficient authority for the felling, notwithstanding anything in—

(a) tree preservation regulations, in the case of trees in England or Wales;

(b) the tree preservation order, in the case of trees in Scotland.”

Commencement Information

I3 Sch. 8 para. 3 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)

4 U.K. In section 21 (courses open to person adversely affected by felling direction), in subsection (7), after “a tree preservation order” insert “ , or under tree preservation regulations, ”.

Commencement Information

I4 Sch. 8 para. 4 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)

5 U.K. In section 35 (interpretation of Part 2) at the appropriate place insert—

““tree preservation regulations” means regulations made under section 202A(1) of the Town and Country Planning Act 1990;”.

Commencement Information

I5 Sch. 8 para. 5 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)

6 (1) Schedule 3 (proceedings under Town and Country Planning Acts in relation to tree preservation orders) is amended as follows. U.K.

(2) In paragraph 2—

(a) for “under the said Acts” substitute “ under the Town and Country Planning (Scotland) Act 1997 ”,

(b) omit the words from “section 77” to “(for Scotland)”,

(c) for “provisions of the said Acts” substitute “ provisions of that Act ”, and

(d) omit “the said section 77 or (for Scotland)”.

(3) After paragraph 2 insert—

“2A (1) Where under section 15(2)(a) an application, on being referred to the appropriate national authority, falls to be dealt with under the Town and Country Planning Act 1990, the appropriate national authority must decide the application as if it were an application for consent for the felling of trees made under tree preservation regulations.

(2) In this paragraph, “the appropriate national authority” means—

(a) the Secretary of State in relation to England;

(b) the Welsh Ministers in relation to Wales.”.

(4) In paragraph 3—

(a) for “the Town and Country Planning Acts” substitute “ the Town and Country Planning (Scotland) Act 1997 ”, and

(b) for “the Town and Country Planning Act 1990 or (for Scotland) the Town and Country Planning (Scotland) Act 1997” substitute “ that Act ”.

(5) After paragraph 3 insert—

“3A Where under section 15(3)(a) an application, on being referred to an authority who have made a tree preservation order, falls to be dealt with under the Town and Country Planning Act 1990, the authority must decide the application as if it were an application for consent for the felling of trees made under tree preservation regulations.”.

Commencement Information

I6 Sch. 8 para. 6 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)