Part VIII Special Controls (ss 197-[225K)
Part VIII Special Controls (ss 197-[225K)

197 Planning permission to include appropriate provision for preservation and planting of trees

It shall be the duty of the local planning authority—

(a)     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)     to make such orders under section 198 as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise.

[Nothing in this section applies in relation to neighbourhood development orders.]


198 Power to make tree preservation orders

(1)     If it appears to a local planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area, they may for that purpose make an order with respect to such trees, groups of trees or woodlands as may be specified in the order.

(2)     An order under subsection (1) is in this Act referred to as a “tree preservation order”.

(3)     A tree preservation order may, in particular, make provision—

(a)     for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees except with the consent of the local planning authority, and for enabling that authority to give their consent subject to conditions;

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