SCHEDULE 8 Tree Preservation Orders: Further Amendments

SCHEDULE 8 Tree Preservation Orders: Further Amendments

Section 192

Forestry Act 1967 (c 10)

1

The Forestry Act 1967 is amended as follows.

2

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

(2)     In subsection (1) for “consent under the order†substitute “relevant consentâ€.

(3)     After subsection (1) insert—

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

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

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

(4)     In subsection (5) for the words from “application†to “thereunder†substitute “relevant application shall be entertainedâ€.

(5)     After subsection (5) insert—

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

(a)     in the case of trees in [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.â€

3

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

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