The Town and Country Planning (Trees) Regulations 1999

PART II TREE PRESERVATION ORDERS

Form of tree preservation order

2.—(1) An order shall be in the form set out in the Schedule to these Regulations, or in a form substantially to the same effect and—

(a) shall specify the trees, groups of trees or woodlands to which it relates;

(b) where the order relates to a group of trees, shall specify the number of trees in the group; and

(c) shall indicate the position of the trees, groups of trees or woodlands, as the case may be, by reference to a map.

(2) An order shall contain or have annexed to it the map referred to in paragraph (1)(c); and where a map is annexed to an order it shall be treated as part of the order.

(3) The map contained in, or annexed to, an order shall be prepared to a scale sufficient to give a clear indication of the position of the trees, groups of trees or woodlands to which the order relates.

Procedure after making an order

3.—(1) As soon as practicable after making an order, and before confirming it, the authority which made it shall—

(a) serve on the persons interested in the land affected by the order—

(i) a copy of the order; and

(ii) a notice containing the particulars mentioned in paragraph (2); and

(b) make a copy of the order available for public inspection, in accordance with paragraph (3).

(2) The particulars mentioned in this paragraph are—

(a) the reasons for making the order;

(b) a statement that objections or other representations with respect to any trees, groups of trees or woodlands specified in the order may be made to the authority in accordance with regulation 4;

(c) the date, being at least 28 days after the date of the notice, by which any objection or representation must be received by the authority;

(d) a copy of regulation 4; and

(e) where the order contains a direction under section 201 (provisional tree preservation orders), a statement of the effect of that direction.

(3) Subject to regulations 6(c), 7(c) and 9(1)(c), a copy of the order shall be made available for inspection, free of charge, at all reasonable hours, at the offices of the authority by whom the order was made; and where an order is made on behalf of an authority, it shall be made available for inspection also at the offices of the authority on whose behalf it was made.

Objections and representations

4.—(1) Subject to paragraph (2), objections and representations—

(a) shall be made in writing and—

(i) delivered to the authority not later than the date specified by them under regulation 3(2)(c); or

(ii) sent to the authority in a properly addressed and pre-paid letter posted at such time that, in the ordinary course of post, it would be delivered to them not later than that date;

(b) shall specify the particular trees, groups of trees or woodlands (as the case may be) in respect of which the objections or representations are made; and

(c) in the case of an objection, shall state the reasons for the objection.

(2) The authority may treat as duly made objections and representations which do not comply with the requirements of paragraph (1) if, in the particular case, they are satisfied that compliance with those requirements could not reasonably have been expected.

Procedure for confirmation of a tree preservation order

5.—(1) The authority shall not confirm an order which they have made unless they have first considered any objections and representations duly made in respect of it and not withdrawn.

(2) An authority may confirm an order with or without modification.

(3) Where an order is confirmed it shall be endorsed to that effect, and the endorsement shall also indicate—

(a) that the order was confirmed with modifications or without modification, as the case may be; and

(b) the date on which it was confirmed.

(4) Where an order is confirmed with modifications, the modifications shall be indicated in the order by distinctive type or other means.

Action after confirmation of tree preservation order

6.  As soon as practicable after confirming an order, the authority which confirmed it shall—

(a) notify the persons interested in the land affected by the order—

(i) of the confirmation of the order;

(ii) of the date on which the order was confirmed; and

(iii) of the time within which an application may be made to the High Court under section 284 (validity of development plans and certain orders, decisions and directions), and of the grounds on which such an application may be made;

(b) where the order was confirmed with modifications, send a copy of the order, as confirmed, to those persons; and

(c) make a copy of the order, as confirmed, available for public inspection, in place of the copy made so available in accordance with regulation 3, but otherwise in accordance with paragraph (3) of that regulation.

Action where a tree preservation order is not confirmed

7.  Where an authority decide not to confirm an order they shall as soon as practicable—

(a) endorse the order with a statement to that effect and with the date of their decision;

(b) notify the persons interested in the land affected by the order of their decision; and

(c) withdraw from public inspection the copy of the order made available in accordance with regulation 3.

Variation of tree preservation orders

8.—(1) Where an authority vary an order(1) they shall—

(a) endorse the original order with a statement to the effect that the order has been varied, specifying the date of the variation order;

(b) serve on the persons interested in the land affected by the variation order—

(i) a copy of the variation order; and

(ii) a statement explaining the effect of the variation order; and

(c) make a copy of the variation order available for public inspection, in accordance with paragraph (3) of regulation 3.

(2) Where an authority vary an order so as to add to Schedule 1 (and the map) references to trees, groups of trees or woodlands to which the order did not previously apply, regulations 3(1)(a)(ii) and (2) and 4 to 7 shall apply to the variation order as they applied to the order, subject to the substitution, for references to persons interested, of references to persons who are the owners and occupiers of the land affected by the variation order and every other person whom the authority know to be entitled to fell any of the trees to which the variation order relates, or to work by surface working any minerals in, on or under that land.

(3) For the purpose of this regulation, “land affected by the variation order” includes any land adjoining the land on which the trees, groups of trees or woodlands to which the variation order relates are situated.

Revocation of tree preservation orders

9.—(1) Where an authority revoke an order(2) they shall—

(a) endorse the original order with a statement to the effect that the order has been revoked, specifying the date of the revocation order;

(b) serve a copy of the revocation order on the persons interested in the land affected by the order; and

(c) withdraw from public inspection the copy of the original order made available in accordance with regulation 3.

(2) A revocation order shall contain a statement of the date on which it was made.

(1)

See section 333(7) of the Town and Country Planning Act 1990.

(2)

See section 333(7) of the Town and Country Planning Act 1990.

(3)

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.

(4)

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.

(5)

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).

(6)

See section 263 of the Town and Country Planning Act 1990.

(7)

S.I. 1995/418.

(8)

1991 c. 59, see section 72.

(9)

1989 c. 29.

(10)

1986 c. 31.

(11)

1984 c. 12.

(12)

Section 79 was amended by the Planning and Compensation Act 1991 (c. 34), section 18 and Schedule 7, paragraph 19.