Section 2 Tree preservation orders in anticipation of disposal of Crown land.
England, Wales and Scotland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1, a planning authority may make a tree preservation order in respect of Crown land in which no interest is for the time being held otherwise than by or on behalf of the Crown if they consider it expedient to do so for the purpose of preserving trees or woodlands on the land in the event of its ceasing to be Crown land or becoming subject to a private interest.
No tree preservation order shall be made by virtue of this section except with the consent of the appropriate authority.
A tree preservation order made by virtue of this section shall not take effect until the land in question ceases to be Crown land or becomes subject to a private interest, whichever first occurs.
A tree preservation order made by virtue of this section shall not require confirmation under . . . section 58 of the Act of 1972 until after the occurrence of the event by virtue of which it takes effect in accordance with subsection (3) above; and any such order shall by virtue of this subsection continue in force until—
the expiration of the period of six months beginning with the occurrence of that event; or
the date on which the order is confirmed,
whichever first occurs.
On the occurrence of any event by virtue of which a tree preservation order takes effect in accordance with subsection (3) above the appropriate authority shall as soon as practicable give to the authority that made the order a notice in writing of the name and address of the person who has become entitled to the land in question or to a private interest in it; and the procedure prescribed under the provisions mentioned in subsection (4) above in connection with the confirmation of the order shall apply as if the order had been made on the date on which that notice is received by the authority.
In section 58(4) of the Act of 1972 after the words “section 59 of this Act” there shall be inserted the words “and section 2 of the Town and Country Planning Act 1984 (tree preservation orders in anticipation of disposal of Crown land)”.
Any order made before the date on which this section comes into force which would have been a valid tree preservation order but for the fact that—
the land in respect of which it was made was Crown land; and
no interest in the land was for the time being held otherwise than by or on behalf of the Crown,
shall be deemed to have been a valid tree preservation order; but any order validated by this subsection shall have effect (and be deemed always to have had effect) as provided in subsection (3) above.
Annotations
Textual amendments
- F1
Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. III
Notes on the whole Act
Textual amendments
- F1
Act repealed: (24.8.1990) (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. I; (S) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3 and savings in Sch. 3 para. 10)