Explanatory note

The Town and Country Planning (Trees) Regulations 1999 (“the 1999 Regulations”) make provision, among other things, for the form of tree preservation orders, for applications for consent to carry out work on trees subject to such orders, and for procedures for appeals without a hearing or inquiry under section 78 of the Town and Country Planning Act 1990 as applied under tree preservation orders and to appeals against tree replacement notices under section 208.

The Town and Country Planning (Trees) (Amendment) (England) Regulations 2008 (S.I. 2008/2260) came into force on 1st October 2008 and substituted a new Part 4 of the 1999 Regulations to provide fast track procedures for appeals. The new Part 4 was only intended to apply in relation to appeals made on or after that date. However, new regulation 11(1) wrongly provides that Part 4 applies in relation to certain types of appeal “where that appeal is made on or after the date on which these Regulations come into force” (being 2nd August 1999, the date the 1999 Regulations came into force).

Regulation 2 corrects that mistake by removing the quoted words.