Tree preservation order TP040

Town and Country Planning Act 1990 & The Town and Country Planning (Tree Preservation)(England) Regulations 2012

The Blackpool Borough Council Tree Preservation Order (72 West Park Drive, Blackpool, FY3 9HU) No. 2020/40

The Blackpool Borough Council, in exercise of the powers conferred on them by section 198 of the Town and Country Planning Act 1990, hereby make the following Order-

Citation

1

This Order may be cited as the Blackpool Borough Council Tree Preservation Order (72 West Park Drive, Blackpool, FY3 9HU) No. 2020/40.

Interpretation

2

(1)  In this Order "the authority" means the Blackpool Borough Council

(2)   In this Order any reference to a numbered section is a reference to the section so numbered in the Town and Country Planning Act 1990 and any reference to a numbered regulation is a reference to the regulation so numbered in the Town and Country Planning (Tree Preservation)(England) Regulations  2012.

Effect

3

(1)  Subject to article 4, this Order takes effect provisionally on the date on which it is made.

(2)   Without prejudice to subsection (7) of section 198 (power to make tree preservation orders) or subsection (1) of section 200 (tree preservation orders: Forestry Commissioners) and, subject to the exceptions in regulation 14, no person shall-

(a)                cut down, top, lop, uproot, wilfully damage, or  wilfully destroy; or

(b)                cause or permit the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of

any tree specified in the Schedule to this Order except with the written consent of the authority   in  accordance  with  regulations  16  and  17,  or   of  the   Secretary  of   State in accordance with regulation 23, and, where such consent is given subject to conditions, in accordance with those conditions.

Application to trees to be planted pursuant to a condition

4

In relation to any tree identified in the first column of the Schedule by the letter "C", being a tree to be planted pursuant to a condition imposed under paragraph (a) of section 197 (planning permission to include appropriate provision  for  preservation  and  planting  of trees), this Order takes effect as from the time when the tree is planted.

Dated this 12th day of August 2020

The Common Seal of the Blackpool Courough Council was hereto affixed 

 

In the presene of

Wendy Clarke

Authorised Officer

Confirmation of order

This Order was confirmed by the Blackpool Borough Council without modification on the 3rd day of December 2020.

Signed on behalf of the Blackpool Borough Council

Wendy Clarke

.........................................................

Authorised by the Council to  sign in that behalf

Schedule