OpenLegislation

Section 159 Planning permission to include appropriate provision for preservation and planting of trees.C1

Scotland

It shall be the duty F1...—

(a)

F2of the Scottish Ministers and the planning authority to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees, and

(b)

F3of the planning authority to make such orders under section 160 as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwiseF4, and

(c)

of the planning authority from time to time to review any order made in exercise of their powers under that section and to consider whether it is requisite to vary or revoke the order in question.

Annotations

Textual amendments

F1

Words in s. 159 repealed (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(1)(a), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F2

Words in s. 159(a) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(1)(b), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F3

Words in s. 159(b) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(1)(c), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F4

S. 159(c) and word added (1.2.2011) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(1)(d), 59(2); S.S.I. 2010/400, art. 3, sch.

Modifications

C1

S. 159 excluded (1.4.2007) by Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 (S.S.I. 2007/268), arts. 1(1), 3(2)(c) (with art. 14(3))

Notes on Part VII

Modifications

C1

Pt. VII functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)