BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Statutory Instruments of the Scottish Parliament |
||
|
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Amendment Regulations 2014 No. 53 URL: http://www.bailii.org/scot/legis/num_reg/2014/ssi_201453_en_1.html |
||
[New search] [Printable PDF version] [Help]
Scottish Statutory Instruments
Town And Country Planning
Made
26th February 2014
Laid before the Scottish Parliament
28th February 2014
Coming into force
1st April 2014
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 173 of the Town and Country Planning (Scotland) Act 1997(1) and all other powers enabling them to do so.
1. These Regulations may be cited as the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Amendment Regulations 2014 and come into force on 1st April 2014.
2. (1) The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010(2) are amended in accordance with paragraph (2).
(2) In regulation 8 (trees in conservation areas)-
(a)after paragraph (1)(a) insert-
"(aa)the carrying out of any action-
(i)required to be taken in accordance with a high hedge notice; or
(ii)authorised by virtue of section 22(1) of the High Hedges (Scotland) Act 2013(3);"; and
(b)in paragraph (2) after the definition of "diameter" insert-
""high hedge notice" has the meaning given by section 8(2) of the High Hedges (Scotland) Act 2013;".
DEREK MACKAY
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
26th February 2014
(This note is not part of the Regulations)
These Regulations amend the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010 ("the 2010 Regulations").
Section 172 of the Town and Country Planning (Scotland) Act 1997 operates to protect trees in conservation areas which are not subject to a tree preservation order. Regulation 8 of the 2010 Regulations disapplies section 172 in certain cases. Regulation 2 of these Regulations amends regulation 8. The new paragraph (1)(aa) provides that section 172 does not apply where action is taken in accordance with a high hedge notice issued under the High Hedges (Scotland) Act 2013 or is authorised by section 22(1) of that Act.
1997 c.8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
