PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 39



39.(1) Where it appears to the Ministry that it is expedient in the interests
of amenity to make provision for the preservation of trees or woodlands in any
area, it may for that purpose make an order (in this Order referred to as a
"tree preservation order") with respect to such trees, groups of trees or
woodlands as may be specified in the order; and in particular, provision may
be made by any such order

(a)for prohibiting (subject to any exemptions for which provision may be made
by the order) the cutting down, topping, lopping or wilful destruction of
trees except with the consent of the Ministry, and for enabling the Ministry
to give its consent subject to conditions;

(b)for securing the replanting, in such manner as may be prescribed by or
under the order, of any part of a woodland area which is felled in the course
of forestry operations permitted by or under the order;

(c)for applying, in relation to any consent under the order and to
applications for such consent, any of the provisions of Part IV, subject to
such adaptations and modifications as may be specified in the order.

(2) The Ministry may make regulations as to the form of tree preservation
orders and the procedure to be followed in connection with such orders; and
the regulations may (without prejudice to the generality of this paragraph)
make provision as follows

(a)that the Ministry may make a provisional tree preservation order, which
shall take effect immediately, and notice of its making shall be given to the
owners and occupiers of the land affected and to such other persons, if any,
as may be specified in the regulations;

(b)that objections and representations with respect to the provisional order
may be made within twenty-eight days of the giving of the notice;

(c)that if within that period any person on whom the notice is served so
desires the Ministry shall afford to him an opportunity of appearing before
and being heard by the planning appeals commission;

(d)that

(i)after considering any objections and representations received within that
period, and where a hearing is held the report of the planning appeals
commission; or

(ii)where no objections or representations are received within that period;

(d)the Ministry may confirm the provisional tree preservation order, withdraw
it or modify it, and shall give notice of the confirmation, withdrawal or
modification to the persons on whom notice of the provisional tree
preservation order was served.

(3) Without prejudice to any other exemptions for which provision may be made
by a tree preservation order, no such order shall apply to the cutting down,
topping or lopping of trees which are dying or dead or have become dangerous
or the cutting down, topping or lopping of any trees in compliance with any
obligations imposed by or under any statutory provision or so far as may be
necessary for the prevention or abatement of a nuisance.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 39