Town and Country Planning Act 1990 & The Town and Country Planning (Tree Preservation)(England) Regulations 2012
The Blackpool Borough Council Tree Preservation Order 2020/46 : 256 Preston New Road, Blackpool, FY4 4RH
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 [256 Preston New Road, Blackpool, FY4 4RH] Tree Preservation Order 2020/46.
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: 27th day of October 2020
Signed on behalf of Blackpool Borough Council
..........................................................................
Susan Parker
Head of Development Management
Authorised by the Council to sign in that behalf
The Common Seal of The Blackpool Borough Council was affixed to this order
In the presence of
Authorised signatory