The Town and Country Planning (Trees) (Amendment) (Wales) Regulations 2012

• Citation: S.I. 2012/792 (W.)
• Sections: 2

Section 1 Title, commencement and application

(1) The title of these Regulations is the Town and Country Planning (Trees) (Amendment) (Wales) Regulations 2012 and they come into force on 30 April 2012.

(2) These Regulations apply in relation to—

(a) applications made on or after 30 April 2012; and

(b) Wales.

Section 2 Amendments to the Town and Country Planning (Trees) Regulations 1999

(1) The Town and Country Planning (Trees) Regulations 1999 are amended as follows.

(2) After regulation 9A insert—

Applications for consent under tree preservation order: Wales

(9B)

(1) Subject to the following provisions of this regulation, an application for consent to the cutting down, topping, lopping or uprooting of any tree in respect of which an order is for the time being in force must—

(a) be made in writing to the authority—

(i) on a form published by the Welsh Ministers for the purpose of proceedings under these Regulations; or

(ii) where the authority has consented to applications being made electronically, on a form published electronically by the Welsh Ministers and provided to the applicant using electronic communication for that purpose;

(b) include the particulars specified in the form;

(c) be accompanied, whether electronically or otherwise by—

(i) a plan which identifies the tree or trees to which the application relates;

(ii) such information as is necessary to specify the work for which consent is sought;

(iii) a statement of the applicant’s reasons for making the application; and

(iv) appropriate evidence describing any structural damage to property or in relation to tree health or safety, as applicable.

(2) Where an application is made using electronic communication, the applicant is taken to have agreed—

(a) to the use of such communication by the authority for the purposes of the application;

(b) that the applicant’s address for those purposes is the address incorporated into, or otherwise logically associated with, the application; and

(c) that deemed agreement under this paragraph will subsist until the applicant gives notice in writing—

(i) withdrawing any address notified to the authority for that purpose; or

(ii) revoking that deemed agreement,

and such withdrawal or revocation will be final and must take effect on the date specified by the applicant in the notice being not less than seven days after the date on which the notice is given.

(3) In the Schedule (form of tree preservation order)—

(a) omit article 6 (applications for consent under the order); and

(b) in article 9(4)(b) for the words “statement of reasons” to “such statement” substitute “application and the documents and particulars accompanying it”.