Planning Act 2008

Forestry Act 1967 (c. 10)

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

(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.”.