The Town and Country Planning (Tree Preservation Order) (Amendment) Regulations 1988

Statutory Instruments

1988 No. 963

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Tree Preservation Order) (Amendment) Regulations 1988

Made

26th May 1988

Laid before Parliament

9th June 1988

Coming into force

30th June 1988

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 60 and 287 of the Town and Country Planning Act 1971(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

1.  These Regulations may be cited as the Town and Country Planning (Tree Preservation Order) (Amendment) Regulations 1988 and shall come into force on 30th June 1988.

2.  For paragraph (b) of Article 5 of the form of tree preservation order contained in the Schedule to the Town and Country Planning (Tree Preservation Order) Regulations 1969(2) there shall be substituted —

“(b) in the case of trees, other than trees comprised in a group of trees or in a woodland, that the trees have an outstanding or special amenity value; or

(c) in the case of trees which are comprised in a group of trees or in a woodland, that the group of trees or the woodland, as the case may be, has an outstanding or special amenity value,

but a certificate shall not be given in the case of trees falling within (c) above if the application in respect of them has been referred by the Forestry Commissioners under section 15(1)(b) or 15(2)(a) of the Forestry Act 1967(3).”.

Nicholas Ridley

Secretary of State for the Environment

25th May 1988

Peter Walker

Secretary of State for Wales

26th May 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the form of tree preservation order contained in the Schedule to the Town and Country Planning (Tree Preservation Order) Regulations 1969 so as to enable local authorities, for the purposes of compensation and except where an application is referred to them under the Forestry Act 1967, to treat trees in woodlands which have an outstanding or special amenity value in the same way as all other such trees.

(1)

1971 c. 78.

(2)

S.I. 1969/17, to which there are amendments not relevant to these Regulations.

(3)

S.I. c.10.