OpenLegislation

Section 199 Form of and procedure applicable to orders.C1C2

England and Wales

(F11)

A tree preservation order shall not take effect until it is confirmed by the local planning authority and the local planning authority may confirm any such order either without modification or subject to such modifications as they consider expedient.

(2)

Provision may be made by regulations under this Act with respect—

(a)

to the form of tree preservation orders, and

(b)

to the procedure to be followed in connection with the making and confirmation of such orders.

(3)

Without prejudice to the generality of subsection (2), the regulations may make provision—

(a)

that, before a tree preservation order is confirmed by the local planning authority, notice of the making of the order shall be given to the owners and occupiers of land affected by the order and to such other persons, if any, as may be specified in the regulations;

(b)

that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered before the order is confirmed by the local planning authority; and

(c)

that copies of the order, when confirmed by the authority, shall be served on such persons as may be specified in the regulations.

Annotations

Textual amendments

F1

S. 199 repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(3), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

Modifications

C1

S. 199: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C2

S. 199: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Notes on Part VIII

Modifications

C1

Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)

Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)

Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2