Article 7
| Provision of the Town and Country Planning Act 1990 | Adaptation or Modification |
|---|---|
| Section 69 (registers) | (a)In subsection (1)— (i)omit—
(ii)substitute “matters relevant to tree preservation orders made by the authority” for “applications for planning permission”. (b)In subsection (2)— (i)after “contain” insert “, as regards each such order”; and (ii)for paragraphs (a) and (b) substitute— “(a)details of every application under the order and of the authority’s decision (if any) in relation to each such application, and (b)a statement as to the subject-matter of every appeal under the order and of the date and nature of the Secretary of State’s determination of it.”. (c)Omit subsections (3) and (4) (as required by section 198(4)). |
| Section 70 (determination of applications: general considerations) | (a)In subsection (1)— (i)substitute—
(ii)after “think fit”, insert—
(iii)omit “subject to sections 91 and 92,”. (b)After subsection (1) insert— “(1A) Where an application relates to an area of woodland, the authority shall grant consent so far as accords with the practice of good forestry, unless they are satisfied that the granting of consent would fail to secure the maintenance of the special character of the woodland or the woodland character of the area. (1B) Where the authority grant consent for the felling of trees in a woodland area they shall not impose conditions requiring replacement where such felling is carried out in the course of forestry operations (but may give directions for securing replanting).”. (c)Omit subsections (2) and (3). |
| Section 75 (effect of planning permission) | (a)In subsection (1) substitute— (i)“Any” for the words from “Without” to “any”; (ii)“consent under a tree preservation order” for “planning permission to develop land”; (iii)“the consent” for “the permission”; and (iv)“the land to which the order relates” for “the land”. (b)Omit subsections (2) and (3). |
| Section 78 (right to appeal against planning decisions and failure to take such decisions) | (a)In subsection (1) substitute— (i)“the authority” for “a local planning authority”; (ii)“consent under a tree preservation order” for “planning permission” in the first place where those words appear; (iii)“consent under such an order” for “planning permission” in the second place where those words appear; (iv)for paragraph (c) substitute— “(c)give a direction under a tree preservation order, or refuse an application for any consent, agreement or approval of that authority required by such a direction; or (d)fail to determine any such application as is referred to in paragraphs (a) to (c) within the period of 8 weeks beginning with the date on which the application was received by the authority,”. (b)Omit subsection (2). (c)In subsection (3) for “served within such time and in such manner as may be prescribed by a development order.” substitute— “in writing addressed to the Secretary of State, specifying the grounds on which the appeal is made; and such notice shall be served— (a)in respect of a matter mentioned in any of paragraphs (a) to (c) of subsection (1), within the period of 28 days from the receipt of notification of the authority’s decision or direction or within such longer period as the Secretary of State may allow; (b)in respect of such a failure as is mentioned in paragraph (d) of that subsection, at any time after the expiration of the period mentioned in that paragraph, but if the authority have informed the applicant that the application has been refused, or granted subject to conditions, before an appeal has been made, an appeal may only be made against that refusal or grant.”. (d)For subsection (4), substitute— “(4) The appellant shall serve on the authority a copy of the notice mentioned in subsection (3).”. (e)For subsection (5), substitute— “(5) For the purposes of the application of section 79(1), in relation to an appeal made under subsection (1)(d), it shall be assumed that the authority decided to refuse the application in question.”. |
| Section 79 (determination of appeals)(11) | (a)In subsections (1) and (2), substitute “the authority” for “the local planning authority”. (b)Omit subsection (3). (c)In subsection (4), substitute— (i)“section 70(1), (1A) and (1B)” for “sections 70, 72(1) and (5), 73 and 73A and Part I of Schedule 5”; (ii)“consent under a tree preservation order” for “planning permission”; and (iii)“the authority.” for “the local planning authority and a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71.”. (d)Omit subsections (6) and (6A). (e)In subsection (7), omit the words after “section 78”. |
The following provisions of the Town and Country Planning Act 1990, as adapted and modified by Part I of this Schedule, apply in relation to consents, and applications for consent, under this Order.
(1) Every local planning authority shall keep a register containing information with respect to matters relevant to tree preservation orders made by the authority.
(2) The register shall contain, as regards each such order—
(a)details of every application under the order and of the authority’s decision (if any) in relation to each such application, and
(b)a statement as to the subject-matter of every appeal under the order and of the date and nature of the Secretary of State’s determination of it.
(5) Every register kept under this section shall be available for inspection by the public at all reasonable hours.
(1) Subject to subsections (1A) and (1B), where an application is made to the authority for consent under a tree preservation order—
(a)they may grant consent under the order, either unconditionally or subject to such conditions as they think fit (including conditions limiting the duration of the consent or requiring the replacement of trees); or
(b)they may refuse consent under the order.
(1A) Where an application relates to an area of woodland, the authority shall grant consent so far as accords with the practice of good forestry, unless they are satisfied that the granting of consent would fail to secure the maintenance of the special character of the woodland or the woodland character of the area.
(1B) Where the authority grant consent for the felling of trees in a woodland area they shall not impose conditions requiring replacement where such felling is carried out in the course of forestry operations (but may give directions for securing replanting).
Any grant of consent under a tree preservation order shall (except in so far as the consent otherwise provides) enure for the benefit of the land to which the order relates and of all persons for the time being interested in it.
(1) Where the authority—
(a)refuse an application for consent under a tree preservation order or grant it subject to conditions;
(b)refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of consent under such an order or grant it subject to conditions;
(c)give a direction under a tree preservation order, or refuse an application for any consent, agreement or approval of that authority required by such a direction; or
(d)fail to determine any such application as is referred to in paragraphs (a) to (c) within the period of 8 weeks beginning with the date on which the application was received by the authority,
the applicant may by notice appeal to the Secretary of State.
(3) Any appeal under this section shall be made by notice in writing addressed to the Secretary of State, specifying the grounds on which the appeal is made; and such notice shall be served—
(a)in respect of a matter mentioned in any of paragraphs (a) to (c) of subsection (1), within the period of 28 days from the receipt of notification of the authority’s decision or direction or within such longer period as the Secretary of State may allow;
(b)in respect of such a failure as is mentioned in paragraph (d) of that subsection, at any time after the expiration of the period mentioned in that paragraph, but if the authority have informed the applicant that the application has been refused, or granted subject to conditions, before an appeal has been made, an appeal may only be made against that refusal or grant.
(4) The appellant shall serve on the authority a copy of the notice mentioned in subsection (3).
(5) For the purposes of the application of section 79(1), in relation to an appeal made under subsection (1)(d), it shall be assumed that the authority decided to refuse the application in question.
(1) On an appeal under section 78 the Secretary of State may—
(a)allow or dismiss the appeal, or
(b)reverse or vary any part of the decision of the authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
(2) Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(4) Subject to subsection (2), the provisions of section 70(1), (1A) and (1B) shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 as they apply in relation to an application for consent under a tree preservation order which falls to be determined by the authority.
(5) The decision of the Secretary of State on such an appeal shall be final.
(7) Schedule 6 applies to appeals under section 78.
Section 79 was amended by the Planning and Compensation Act 1991 (c. 34), section 18 and Schedule 7, paragraph 19.
Under section 199(1), tree preservation orders generally do not take effect until confirmed, but a direction may be given under section 201 for an order to take provisional effect immediately.
Where the Order is to be made under the sections cited and section 300 of the Town and Country Planning Act 1990, all those provisions should be cited, as should the fact of the consent of the appropriate authority. As to the circumstances in which the consent of the Forestry Commission is required (and should be cited) see section 200(1) of that Act.
Subsection (6) of section 198 exempts from the application of tree preservation orders the cutting down, uprooting, topping or lopping of trees which are dying, dead or have become dangerous, or the undertaking of those acts in compliance with obligations imposed by or under an Act of Parliament or so far as may be necessary for the prevention or abatement of a nuisance. Subsection (7) of that section makes section 198 subject to section 39(2) of the Housing and Planning Act 1986 (c. 63) (saving for effect of section 2(4) of the Opencast Coal Act 1958 on land affected by a tree preservation order despite its repeal) and section 15 of the Forestry Act 1967 (c. 10) (licences under that Act to fell trees comprised in a tree preservation order).
See section 263 of the Town and Country Planning Act 1990.
S.I. 1995/418.
1991 c. 59, see section 72.
Section 79 was amended by the Planning and Compensation Act 1991 (c. 34), section 18 and Schedule 7, paragraph 19.