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The Planning (Trees) Regulations (Northern Ireland) 2003

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Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Planning (Tree Preservation Order) Regulations (Northern Ireland) 1973.

Part I of the Regulations defines terms used in the Regulations.

Part II prescribes the form of tree preservation orders and the procedure for their making, modification, confirmation and revocation. The prescribed form is set out in the Schedule to the Regulations.

Unless the works proposed are exempted by virtue of Article 65(3) of the Planning (Northern Ireland) Order 1991 or the Third Schedule of the prescribed form, the consent of the Department is required before any tree protected by the order may be cut down, topped, lopped, uprooted, damaged or destroyed.

The exemptions for which Article 65(3) provides relate to the cutting down, uprooting, topping or lopping of trees which are dying, dead or have become dangerous, or the undertaking of those acts in compliance with obligations imposed by or under any statutory provision or so far as may be necessary for the prevention or abatement of a nuisance.

Paragraphs 6 to 10 of the Second Schedule of the prescribed form provides for compensation in respect of the refusal of consents or the grant of consents subject to conditions.

Part III of the Regulations makes special provision in relation to trees in conservation areas.

Regulation 10 revokes, with savings, the Planning (Tree Preservation Order) Regulations (Northern Ireland) 1973.

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