Tree preservation order - TPO52

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

The Blackpool Borough Council (Stanley Primary School, Wordsworth Avenue, Blackpool, FY3 9UR) Tree Preservation Order 2021/52

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 (Stanley Primary School, Wordsworth  Avenue, Blackpool, FY3 9UR) Tree Preservation  Order 2021/52

Interpretation

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(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

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(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

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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 24th day of March 2021

The Common Seal of Blackpool Borough Council was hereto affixed

In the presence of:

Authorised Officer