Town and Country Planning (Tree Preservation Order) Regulations 1969
| Jurisdiction | UK Non-devolved |
1969 No. 17
TOWN AND COUNTRY PLANNING,
ENGLAND AND WALES
The Town and Country Planning (Tree Preservation Order) Regulations 19697thJanuary 1969
15thJanuary 1969
10thFebruary 1969
The Minister of Housing and Local Government in relation to England and the Secretary of State in relation to Wales in exercise of their powers under sections 29 and 217 of the Town and Country Planning Act 1962(a), section 16 of the Civic Amenities Act 1967(b) and section 81 of the Town and Country Planning Act 1968(c) and all other powers enabling them in that behalf hereby make the following regulations:—
Citation and commencement
1. These regulations may be cited as the Town and Country Planning (Tree Preservation Order) Regulations 1969 and shall come into operation on 10th February 1969.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Town and Country Planning Act 1962 ;
"the Act of 1967" means the Civic Amenities Act 1967 ;
"authority" includes a local planning authority making an order as hereinafter defined, and a local authority making such an order under powers delegated by a local planning authority ;
"The Conservator of Forests" means in relation to an order the Forestry Commissioners' Conservator of Forests for the conservancy in which the trees included in the order are situated;
"District Valuer" means in relation to an order the officer of the Commissioners of Inland Revenue for the time being appointed to be District Valuer and Valuation Officer for the area in which the trees included in the order are situated ;
"the Minister" means, except as respects Wales, the Minister of Housing and Local Government and as respects Wales the Secretary of State;
"order" means a tree preservation order made under section 29 of the Act and includes an order amending or revoking such an order;
"Wales" includes Monmouthshire.
(2) The Interpretation Act 1889(d) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
(a) 1962 c. 38.
(b) 1967 c. 69.
(c) 1968 c. 72.
(d) 1889 c. 63.
Revocation and savings
3. Part III (Tree Preservation Orders) of the Town and Country Planning General Regulations 1964(a), and regulation 2(c) and 2(d) of the Town and Country Planning General (Amendment) Regulations 1967(b) are hereby revoked, but without prejudice to any order made thereunder and in relation to any such order in so far as these regulations contain a corresponding provision compliance with any requirement of those regulations shall be deemed to be compliance with the corresponding requirement of these regulations and so far as the requirements of those regulations have not been complied with the order may be dealt with in regard to those requirements as if it had been made under these regulations.
Form and contents of order
4.—(1) An order shall be in the form (or substantially in the form) set out in the Schedule hereto.
(2) The order shall define the position of the trees, groups of trees, or woodlands to which it relates, and for that purpose shall include a map.
Procedure
5. An authority shall, on making an order—
(a) place on deposit for inspection at a place or places convenient to the locality in which the trees, or groups of trees, or woodlands are situated a certified copy or copies of the order and of the map ;
(b) send a copy of the order and the map to the Conservator of Forests and the District Valuer together with a list of all the persons served under (c) of this regulation ;
(c) serve on the owners and occupiers of the land affected by the order, and on any other person then known to them to be entitled to work by surface working any minerals in that land or to fell any of the trees affected by the order, a copy of the order and the map together with a notice stating—
(i) the grounds for making the order;
(ii) the address or addresses of the place or places where a certified copy or copies of the order and map have been deposited for inspection, and the hours during which they may be inspected;
(iii) that objections and representations with respect to the order may be made to the Minister in accordance with regulation 7 hereof, a copy of which regulation shall be included in or appended to the notice ;
(iv) that if no objections or representations are duly made or any so made are withdrawn, then not less than forty-two days from the date of the service of the notice of the making of the order, the order may be confirmed (but without any modification) as an unopposed order by the authority who made it instead of being confirmed by the Minister ;
(v) where the order contains a direction under section 16 of the Act of 1967, the effect of the direction.
Confirmation by the authority
6.—(1) If no objections or representations with respect to an order are duly made in accordance with regulation 7 hereof, or if any so made are withdrawn, then not less than forty-two days from the date of the
(a) S.I. 1964/1382 (1964 II, p. 3101).
(b) S.I. 1967/1241 (1967 II, p. 3614).
service of the notices of the making of the order in accordance with the provisions of regulation 5 hereof the order may be confirmed (but without any modification) as an unopposed order by the authority who made it instead of being confirmed by the Minister.
(2) The authority shall as soon as may be after confirming an order inform the owners and occupiers of the land to which the order relates, the Conservator of Forests, the District Valuer and any other person on whom notice has been served in accordance with the provisions of regulation 5 hereof of the confirmation of the order and of the date of such confirmation.
Objections and representations
7.—(1) Every objection or representation with respect to an order shall be made in writing to the Minister, and shall state the grounds thereof and the name of the authority who made the order, and specify the particular trees, groups of trees, or woodlands in respect of which it is made.
(2) An objection or representation shall be duly made if it complies with paragraph (1) of this regulation and is received by the Minister within 28 days from the date of the service of the notice of the making of the order.
Consideration by the Minister
8.—(1) On receiving any objections or representations to an order, the Minister may by a direction in writing require the authority to submit to him—
(i) 1 sealed and 1 unsealed copy of the order and the map, except that where an order only amends or revokes an existing order which was confirmed by the Minister one sealed copy shall suffice, and if the map referred to in the said amending or revoking order is the map included or referred to in the existing order no copy of that map need be sent;
(ii) where the order only amends or revokes an existing order which was confirmed by the authority, 1 unsealed copy of the existing order and map;
(iii) a copy of the statement served under regulation 5(c)(i); and
(iv) a certificate signed by the clerk of the authority or a person authorised in that behalf that regulations 4 and 5 (making of the order and service of the notices) have been complied with.
(2) The Minister shall, before deciding whether to confirm the order, take into consideration any objections and representations duly made in accordance with regulation 7 hereof, and, if a local inquiry is held, the report of that inquiry.
Action on receipt of Minister's decision
9. The authority shall, as soon as may be after receipt of a decision by the Minister on the order, inform the owners and occupiers of the land to which the order relates, the Conservator of Forests, the District Valuer and any other person on whom notice has been served in accordance with the provisions of regulation 5 hereof, of the Minister's decision. In addition, where the order has been confirmed subject to modifications, the authority shall serve on every such person a copy of the order and the map as confirmed by the Minister, and in any case where the order contains a direction under section 16 of the Act of 1967 and the Minister, within the period of 6 months beginning with the date on which the order was made, notifies the authority that he does not propose to confirm it, the authority shall, as soon as may be, serve copies of that notice on the said owners and occupiers, Conservator of Forests and District Valuer.
SCHEDULE
FORM OF TREE PRESERVATION ORDER
TOWN AND COUNTRY PLANNING ACTS 1962 AND 1968
(2)
1 Include only where order contains a direction under section 16 of the Civic Amenities Act 1967;
2 Insert title of Order.
3 Insert name of local planning authority.
4 Insert name.
[The Council3] [The Council,4...
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