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Tree preservation order TP044

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

The Blackpool Borough Council (All Hallows Church, All Hallows Road, Blackpool, FY2 0AY) Tree Preservation Order 2020/44

 

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 (All Hallows  Church,  All Hallows Road, Blackpool, FY2 0AY) Tree Preservation  Order 2020/44

Interpretation

2

(1)  In this Order "the authority" means 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: 9th  day of  February 2021

 

The Common Seal of Blackpool Borough Council was  hereunto affixed

in the presence of:

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Wendy Clarke

Authorised Officer