OpenLegislation

Paragraph 8 Vegetation

Original text. Later amendments are not shown.

(1)

For any stage of the authorised development that would affect any vegetation—

(a)

the retention and removal of all vegetation must be undertaken in accordance with—

(i)

a written vegetation retention and removal plan which has been submitted to the relevant planning authority prior to the commencement of that stage of the authorised development and which implements the requirements of the LEMP; or

(ii)

where applicable, the Site Specific Plans or such changes to those plans as may be requested by the undertaker and agreed by the relevant planning authority in accordance with Requirement 17 (site specific plans);

(b)

any written vegetation retention and removal plan submitted under sub-paragraph 8(1)(a)(i) in respect of the area of the South Downs National Park must also be in accordance with the SDNP Schedule or such changes to that Schedule as may be agreed by the South Downs National Park Authority as the relevant planning authority; and

(c)

the reinstatement of all vegetation must be undertaken in accordance with a written plan of reinstatement to be prepared by the undertaker in accordance with paragraph (2).

(2)

The written plan of reinstatement referred to in sub-paragraph (1)(c) must form part of the LEMP approved in accordance with Requirement 12 (landscape and ecological management plan).

(3)

Any vegetation which is part of an approved reinstatement plan that, within a period of five years beginning with the date of planting, is removed, uprooted, destroyed, dies or (in the reasonable opinion of the relevant planning authority) becomes seriously damaged or defective, must be replaced with planting material of the same specification as that originally planted unless otherwise approved by the relevant planning authority and the landowner concerned.