I think the replanting directions are currently provided for by Section 9 of
the 99 Model Order - defunct next Friday. That'll leave us with conditions of
which I've just copy pasted from the Act and new regs the relevant bits as
follows:
TPO CONDITIONS:
TCPA 1990 as amended:
202DTree preservation regulations: consent for prohibited activities
(1)This section applies if tree preservation regulations make provision under
section 202C(4).
(2)Tree preservation regulations may make provision—
(a)about who may give consent;
(b)for the giving of consent subject to conditions;
(c)about the procedure to be followed in connection with obtaining consent.
(3)The conditions for which provision may be made under subsection (2)(b)
include—
(a)conditions as to planting of trees;
(b)conditions requiring approvals to be obtained from the person giving the
consent;
(c)conditions limiting the duration of the consent.
(4)The conditions mentioned in subsection (3)(a) include—
(a)conditions requiring trees to be planted;
(b)conditions about the planting of any trees required to be planted by
conditions within paragraph (a), including conditions about how, where or
when planting is to be done;
(c)conditions requiring things to be done, or installed, for the protection
of any trees planted in pursuance of conditions within paragraph (a).
TCP(Tree Preservation)(England) Regs 2012
Determination of applications for consent and conditions
17.—(1) Where an application is made to the authority for consent under an
order in accordance
with regulation 16 the authority may—
(a) grant consent under the order, either unconditionally or subject to any
such condition as is
specified in paragraph (2); or
(b) refuse consent under the order.
(2) The conditions referred to in paragraph (1) are—
(a) conditions within subsection (4) of section 202D(a) (tree preservation
regulations:
consent for prohibited activities);
(b) conditions requiring approvals to be obtained from the person giving the
consent;
(c) conditions specifying the standard to which the works for which consent
has been given
must be carried out; and
(d) conditions specifying that the works may be carried out on multiple
occasions or within a specified time period only or both.
John Hearne
Tree Officer
New Forest National Park Authority
New Forest National Park Authority
Lymington Town Hall
Avenue Road
Lymington
SO41 9ZG
Switchboard: 01590 646600
Fax: 01590 646666
Web: www.newforestnpa.gov.uk
Email disclaimer: www.newforestnpa.gov.uk/email_disclaimer
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