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(4) the cutting down, uprooting, topping or lopping of a tree
in pursuance of the power conferred on the Post Office by
virtue of Section 5 of the Telegraph (Construction) Act 1908;
by or at the request of
a statutory undertaker where the land on which the
tree is situated is operational land as defined by
the Act and either works on such land carnot other-
wise be carried out or the cutting down, uprooting,
topping or lopping is for the purpose of securing
safety in - the operation of the undertaking;
an electricity board within the meaning of the
Electricity Act 1947, where such tree obstructs
the construction by the board of any main
transmission line or other. electric line within
the meaning respectively of the Electricity (Supply)
Act 1919 and the Electric Lighting Act 1882 or
interferes or would interfere with the maintenance
or working of any such line;
(fli)a river authority established under the Water
Resources Act 1963 a drainage board constituted or
treated as having been constitued under the Land
Drainage Act 1930, the Conservators of the River
Thames, or the Lee Conservancy Catchment Board,
where the tree interferes or would interfere with
the exercise of any of the functions of such river
authority, drainage board, consevators of the River
Thames or Lee Conservancy Catchment Board in relation
• to the maintenance, improvement or construction of
water courses or of drainage works; or
(iv) the Ministerof Defence for the Royal Air Porce, the
Ilinister of Technology or the Board of Trade where in
the opinion of. such Itthister or Board the tree obstructs
the approach of aircraft to, or their dearthre from, any
aerodrome or hinders the safe and efficient use of
aviation or defence technical installations
10-
where immediately required for the purpose of carrying out
d.eve1oxnent authorised by the planning permission granted
on an.aplication made under Part III of the Act, or deemed
to have been so granted for any of the purposes of that Part;
which is a fruit tree cultivated for fruit production growing
or standing on land comprised in an orchard or garden.
uI;DIJiJJJ
Provisions of the following pe.rts of Parts III and IV of the Act
as adapted and modified to apply to this Order.
Without prejudice to the following provisions as to the revocation
or modification of consents any consents under the Order, including
any direction as to replantirig given by the authority on the granting
of such consent, shall (except insofar as the consent otherwise
provides) enure for the benefit of the land and of all persons for
the time being interested therein (33(1) ).
Power to If it appears to the authority that it is expedient to revoke or vevoke or modify any
modify any consent under the Order granted on an application made
consent under Article 3 of the Order, the authority may be Order revoke or under the modify the consent to such extent as it considers expedient (45(1) ).
The power conferred by this section to revoke or modify a consent
may be exercised at any time before the operations for which
consent has been given have been completed:
Provided that the revocation or modification of consent shall not
affect so much of those operations as has been previously carried
• out (45(4) ).
Unopposed The following provisions shall have effect where the planning revocation authority has made an Order (hereinafter called "such Order") or modifica- under Section 45 (above) revoking or modifying any consent granted tion of on an aoplication made under 'a tree preservation order and the consent.
owner and the occupier of the land and all persons who in the
authority's opinion will be affected by such Order have notified
the authority in writing that they do not object to such Order
(46(1) ).
-11-
The Authority shall advertise the fact that such Order has
been made and the advertisement shall specify (a) the period
(not less than twenty—eight days from the date on which the
advertisement first appears) within which persons affected
by such Crder may give notice to the authority that they
wish for an opportunity of appearing before, and being heard
by, a person appointed for the purpose and (b) the period
(not less than 14 days from the expiration of the period
referred to in paragraph (a) above) at the expiration of
which, if no such notice is given, such Order may take
effect by virtue of this section (46(2) ). The Authority shall also serve notices to the same effect on
the persons mentioned in sub—section (1)(above)(46(3) ). If within the period referred to in sub—section (2)(a)(above)
no person claiming to be affected by such Order has given
notice as aforesaid, such Order shall at the expiration of
the period referred to in sub—section (2)(b) of this section
take effect by virtue of this section. S.60(5) 'tProvision
may be made by regulations under this Act with respect to the
form of tree preservation orders, and the procedure to be
followed in connection with the submission and confirmation of
such orders, and the regulations may (without prejudice to the
generality of this sub—section) make provision as follows :-
that, before a tre preservation order is confirmed by the
local lanning authority, notice of the making of the order
shall be given to the ol.mers and occupiers of land affected
by the order and to such other persons, if any, as may be
specified in the regulations;
that objections and representations with respect to the
order, if duly made in accordance with the regulations, shall
be considered before the order is confirmed by the local
planning authority;
that copies of the order, when confirmed by the authority, shall
be served on such persons as may be specified in the regulations".
1 2
MI
Given under the Connon Seal of Castle Point District Council this 12th
day of October One thousand nine hundr - - - -
TIRE COi'lliON SEAL OP CASTLE POINT DISTRICT COUNCIL was hereunto affixed in the presence of :-- .
Chairman of the Counci
• Chief Executive & Cleik of the Council .
-13-
Tcy1!N AND COUNTRY PLANNII'X ACT 197j
TOWN MiD COUNTRY INENITIES ACT 1974
LOCAL GOVEIU'IHENT, PLANNING AND LAND AOl' 1980
TIDE CASTLE POINT DISTRICT COUNCIL TREE TR7CSERVATION ORDER NO • 3J4
'WOODLANDS', LAKE DRIVE, BENFLIET, FZSEX.
The Castle Pcyint District Council in this Order called "the authority" in
pursuance of the powers conferred in that behalf by sections 60 and. 61 of
the Town and Country Planning Act 1971 (as aznended.) and subject to the
provisions of the Forestry Act 19679 hereby makes the following order :-
1. In this Order :— "the Act" means the Town and Country Planning Act 1971, as
amended by the Local Government, Planning & Land Act 1980;
"owner" means the owner in fee simple, either in possession
or who has granted a lease or tenancy of which the unexpired
portion is less than three years; lessee (including a sub—
lessee) or tenant in possession, the unexpired portion of
: -
whose lease or tenancy is three years or more; and a mortgage
in possession. ft
10
2. Subject to the provisions of this Order and to the exemptions specified
in the 11 Second. Schedule hereto, no person shall, except with the consent of -
the authority and in accordance with the conditions, if any, imposed on such
consent, cut down, top, lop, uproot, wilfully damage or wilfully destroy or
cause or permit the cutting down, topping, loDping, uprooting, wilful damage,
or wilful destruction of any tree specified in the First Schedule hereto or
comprised in a group of trees or in a woodland therein specified, the position
of which trees, groups of trees and woodlands is defined in the manner indicated
in the said First Schedule on the map annexed hereto which map shall, for the
purposes of such definition as aforesaid, prevail where any ambiguity arises
between it and the specification in the said Pirt Schedule. -
3. - AI application for consent made to the authority under Article 2 of
this Order shiil be in writing stating the reasons for making the application
and shall be reference if necessary to a plan specify the trees to which the
application relates, and the operations for carrying out of which consent is
required. - -
1.
4. (i) Thre an application for consent is made to the authority under
this Order, the authority may grant such consent either unconditionally, or
subject to such conditions (including conditions requiring the replacement of
any tree by one or more trees on the site or in the immediate vicinity thereof)
as the authority may think fit, or may refuse consent:
Provided that where the application re1ats to any woodland specified
in the First Schedule to this 0rcer the authority shall grant consent so far
as accords with the principles of good forestry, except where, in the opinion
of the authority, it is necessary in the interests of amenity to maintain the
special character of the wco.)i.nd or the woodland character of the area, and
shall not impose conditions on such consent requiring replacement or
replanting. (2) The authoritj siall keep 'a register of all applications for consent
under this Crder containig information as to the nature of the application,
the decision of the autho7ity thereon, any compensation awarded in cbnsequence
of such decision and any directions as to replanting of woodlands; and every
such register shall be available for inspection by the public at all reasonable
hours. /
(NOTE: if it is desirsd to fell any of the trees inclued in this Order,
whether included as trees, groups of trees or, woodlands, and the trees are
trees for the fellii of which a licence is required under the Forestry Act
1967, application &iould be made not to the authority for consent under this
Order but to the conservator of Forests for a licence under that Act (Sction
15(5)).
5. Jhere the iuthority refuses consent under this Order or grants such
consent subject to conditions it may when refusing or granting consent
certify in respect of any trees for which it is sq refusing or granting
consent that it is satisfied :-..
that the refusal or condition is in the interests of good forestry; or
in the case of trees other than trees comprised in woodlands, that
the trees have an outstanding or specialenity value. :
6. (1). Whereconsent is granted under: this Order to fell any part of a
woodland other than consent for silvicultu.ral thinning then unless :-
2.
such conscnt is granted for the purpose of enabling development
to be carried out in accordance with a perission to develop
land under Part III of the Act, or
the authority dispenses with replanting,
the authority shall give to the owner of the land on which that part of the
woodland is situated a direction in writing specifying the manner in which
and the time within which he shall replant such land and where such a direction
is given and the' part is felled the owner shall, subject to the provision of
this Order and Section 175 of the Act, replant the said land in accordance
with the direction.
(2) Any direction given under paragraph (i) of this Article may
S include requirements as to :-
species;
number of trees per acre;
the erection and maintenance of fencing necessary for protection
of the replanting; -
the preparation of ground, draining, removal/of brushwood, lop
and top; and.
protective measures against, fire.
7. On imposing any condition requiring the replacement of any tree under
Article 4 of the Order, or an giving a direction under Article 6 of this
Order with respect to the replanting of woodlands, the authority shall if
such condition or direction relates to land in respect of which byelaws made
by a river authority, a drainage board, the Conservators of the River Thames
or the Lee Conservancy Catchment Board restrict or regulate the planting of
trees, notify the applicant or the owner of the land, as the case may be, of
the existence of such byelaws and that any such condition or direction has
effect subject to the reauirements of the river authority, drainage board,
the Conservators of the River Thames or 1eLEe.Conseriancy Catchment Board
under those byelaws and the conditions or direction shall have effect
accordingly.
3.
8. The roviSi0fl5 set out in the Third Schedule to this Order, being 11 provisionS of Part III of the Act and of sub—section IN of Section 60 of the Act adapted and modified for the purpose of this Order, shall apply in
relation thereto.
9. Subject to the provisions of this Order, any person who has suffered
loss or damage in consequence of any refusal (including revocation or
modification) of consent under this Order or of any grant of any such consent
subject to cond.iticns, shall, if he makes a claim on the authority within the
time and in the manner prescribed by this Order, be entitled to recover from
the authority compensation in respect of such loss or damage:
Provided that no compensation shall be payable in respect of loss or
damage suffered by reason of such refusal or grant of consent in the case
of any trees the subject of a certificate in accordance with Article 5 of
this Order.
10. in assessing compensation payable under the last preceding Article
account shall be taken of :-
any compensation or contribution which has been paid whether
to the claimant or any other prscn, in respect of the same
trees under the terms of this or any other Tree Preservation
Order under Section 60 of the Act or under the terms of any
Interim Preservation Order made under Section 8 of the Town
and Country Planning (Interim Develotent) Act 19439 or any
compensation which has been paid or which could have been
claimed under any provision relating to the preservation of
trees or protection of woodlands contained in an operative
scheme under the Town and Courtry Planning Act 1932, and
any injurious affection to any land of the owner which would
result from the felling of the trees the subject of the claim.
11. (i) A claim for compensation under this Order shall be in writing and
Bhall be made by serving it on the authority, such service to be effected by
delivering the claim at the offices of the authority adcLressed to the Chief
Executive and Clerk thereof or by sending it by prepaid post so addressed.
4.
(2) The time within which any such claim shall be made as aforesaid
shall be a period of twelve months from the date of the decision of the authority,
Any question of disputed compensation shall be determined in accordance
with the provisions of Section 179 of the Act.
The provisions of Section 61 of the Act shall apply to this Order and
the Order shall take effect on the date hereof.
(NOTE: Any person contravening the provisions of this Order by cutting
down, uprooting or wilfully destroying a tree, or by wilfully damaging,
topping or lopping a tree in such a manner as to be likely to destroy it
is guilty of an offence and liable on summary conviction to a fine not
exceeding £400 or twice the sum which appears to the court to be the value
of the tree, whichever is the greater, or on indictment to a fine. The
penalty for any other contravention of this Order is a fine not exceeding
£200 on summary conviction and, in the case of a continuing offence when
the. contravention is continued, after conviction, a person is.liable on
summary conviction to an adcLitional.fine not exceeding-5 for everyday on
which the contravention is so continued.
If a tree other than 6ne'to which an Order appliesás part of awoódland
is removed, uprooted or destroyed in contravention of an Order or is
removed, uprooted or destroyed or dies at a time when its cutting down
or uprooting iq authorised only by Section 60(6) of the Town and Country .Planning Act 1971 relating to 'trees which are dying or dead or have become
dangerous, it is the duty of the owner of the land, unless on his application
the local, planning authority dispenses ,with the requirement to plant another
tree of appropriate size and species at the same place as soon as he reasonably
can. accept in emergency, not less than five dais previous notice of the
removal, etc., should,be giv'en to the authorty,to enable the latter to.
decide whether or not to. dispense with the requirement).
5.
CASTLE POINT DISTRICT COUNCIL
FIRST SCHEDULE
TREES SP]I1IED INDIVIDUALLY
NO. ON JAY DESCRIPTION SITUATION
T.1 lbrnbeam 'Woodlands Cottage' T.2 1rnbeam Lake Drive, T.3 'Oak Thundersley.
T.4 Oak
TREES SPEIFTED BY REFEREE IO AN AREA
NONE
.1
GROUPS OF TREES
NONE
WOO DLANDS
NONE
.
.
Li
76
MI
------------
\ \ tii3 iEEV— .aIlT
• \ \6
\ \ r S
V. .9 NN Vi-TVA..
• - /--\ jr\
c/ Te...N7 12
I 1 1
c
MAP REFERRED TO IN THE CASTLE POINT DISTRICT COUNCIL TREE PRESERVATION ORDER NO. 3/84
• SCALE - 1:1250 THE COMMON SEAL of CASTLE POINT) DISTRICT COUNCIL was hereunto
affixed in the presence of:- )
cha1rtn of the Council
chief Executi and Clerk of the Council
SECOND SCHEDULE
This Order shall not apply so as to require the consent of the authority
to
(i) the cutting down of any tree on land which is subject to a forestry
dedication covenant where
ay positive covenants on the part of the owner of the
land contained in the same deed as the forestry dedication
covenant and at the time of the cutting down binding on
the then owner of the land are fulfilled;
te cutting down is in accordance with a plan of operations
S approved by the Forestry Connission under such deed.
the cutting down of any tree which is in accordance with a plan of
operations aproved by the Forestry Coimnission under the approved woodlands
scheme orother grant scheme under Section 4 of the Forestry Act 1967 except
a scheme which applies to a forestry dedication covenant; -
the cutting down, trorooting, topping or lopping of a tree exempted
from the provisions of this Order by Section 60(6) of the Act namely a tree
which is dying or.dead -or has become dangerous, or the cutting down, tapping
or lopping of which is in compliance with obligations imposed by or under an
Act of Parliament,. or so far as may be necessary for the prevention or abate—
ment of a nuisance. . . .
(NOTE: Section 62(1) of the Act requires, unless on the application of the
owner the local authority dispense with the requirement, that any tree removed
or destroyed under Section 60(6) of the Act shall be replaced by another tree
of appropriate size and species. •In order to enable the local planning
authority to come to a decision, on whether or not to dispose with the
requirement, notice of the uroposed action should be given to the local
planning authority which except in a case of emergency shall be of not less
than five days).
1
C
the cutting down, uprooting, topping or lopping of a tree
in pu.rsuance of the power conferred on the Post Office by
virtue of Section 5 of the Telegraph (Construction) Act 1908;
by or at the request of
a statutory undertaker where the land on which the
tree is situated is operational land as defined by
the Act and either works on such land caiot other—
wise be carried out or the cutting down, uprooting,
topping or lopping is for the purpose of securing
safety in the operation of the undertaking;
an electricity board within the meaning of the
Electricity Act 19471 where such tree obstructs
the construction by the board of any nain
transmission line or other electric line within
the meaning respectively of the Electricity (Supply)
Act 1919 and the ilectric Lighting Act 1882 or
interferes or would interfere with the maintenance
or working of any such line;
iiia river anthority established under the Water
Resources Act 1963 a drainage board constituted or
treated as having been constitued under the Land
Drainage Act 1930, the Conservators of the River
Thames, or the Lee Conservancy Catchment Board,
where the tree interferes or would interfere with
the exercise of any of the functions of such river
authority, drainage board, consevátors of the River
Thames or Lee Conservancy Catchnent Board in relation
to the maintenance, improvement or construction of
- water courses or of drainage works; or
(iv) the ?iinister of Defence for the Royal Air Force, the
Minister of Technology or the Board of Trade where in
the opinion of. such Minister or Board the tree obstructs
the approach of aircraft to, or their dearture from, any
aerodrome or hinders the safe and efficient use of
aviation or defence technical ins tallations
(4)
S
where innediately required for the purpose of carrying out
develojxnent authorised by the planning permission granted
on anaoplicz.tion made under Part III of 1he Act, or deemed
to have been so granted for any of the purposes of that Part;
which.is a fruit tree cultivated for fruit production growing
or standing on land comprised in an orchard or garden.
THIRD SCHEDULE
Provisions of the follcwing parts of Parts III and IV of the Act
as adapted and modified to apply to this Order. Without prejudice to the following provisions as to the revocation
or modification of consents any consents under the Order, including
any direction as to replanting given by the authority on the granting
• - of such consent, shall (except insofar as the consent otherwise
provides) enure for the benefit of the land and of all persons for
the time being interested therein (33(1) ).
Power to If it appears to the authority that t is expedient to revoke or revoke or modify any consent under the Order granted on azi'application made i6dify any consent under Article 3 of the Order, the authority may be Order revoke or under the modify the consent to such extent as it considers expedient (45(1) ).
The power conferred by this section to revoke or modify a consent
may be exercised at any time before the operations for which
consent has been given have been completed -
Provided that the revocation or modification of consent shall not
affect so niuch of those operations as has been previously carried
out (45(4) ).
Unopposed The following provisions shall have effect where the planning revocation authority has made an Order (hereinafter called "such Order") or modifica— under Section 45 (above) revking or modifying any consent granted
tion of on an amplication made under a tree preservation order and the consent.
owner and the occupier of the land and all persons who in the
authority's tpinion will be affected by such Order have notified
the authority in writing that they do not object to such Order
(46(1) ). •
9
The Authority shall advertise the fact that such Order has
been made and the advertisement shall specify (a) the period
(not less than twenty-eight days from the date on which the
advertisement first appears) within which persons affected
by such Order may give notice to the authority that they
wish for an cpnortunity of appearing before, and being heard
by, a person appointed for the purpose and (b) the period
(not less than 14 days from the expiration of the period
referred to in paragraph (a) above) at the expiration of
which, if no such notice is given, such Order may take
effect by virtue of this section (46(2) ).
The Authority shall also serve notices to the same effect on
the persons mentioned in sub-section (1)(above)(460) ).
If within the period referred to in sub-section (2)(a)(above)
no person claiming to be affected by such Order has given
notice as aforesaid, such;Order shall at the expiration of
the period referred to in sub-section (2)(b) of this section
take effect by virtue of.this section. S.60(5) "Provision
may be made by regulations under this Act with respect to the -
form of tree preservation orders, and the procedure to be
followed in connection with the submission and confirmation of
such orders, and the regulations may (without prejudice to the
generality of this sub-section) make provision as follows :-
that, before a tree preservation order is confirmed by the
local planning authority, notice of the making of the order
shall be given to the owners and occupiers of land affected
by the order and to such other persons, if any, as may be
specified in the regulations;
that objections and representations with respect to the
order, if duly made in accordance with the regulations, shall
be considered before the order is confirmed by the local
planning authority;
that copies of the order, when confirmed by the authority, shall
be served on such persons as may be specified in the regulations".
10
Given under the Comnon Seal of Castle Point District Council this
day of One thousand nine hundred and
TE CONMON SEAL OF CASTLE POINT DISTRIOP COD1CIL was . hereunto affixed in the prence of :--
• • • Chairman of%=ci-1 • •• -p
• •
• - • Chief ]cecutive & Clerk.
of the Council
11
CASTLE POINT DISTRICT COUNCIL
CASTLE POINT TREE PRESERVATION ORDER NO. 3/84
'WOODLANDS', LAKE DRIVE, BENFLEET
STATEMENT OF REASONS FOR THE COUNCIL MAKING THE ORDER
The Council is the Local Planning Ai.ithority for the District of Castle Point.
The Council considers the trees to be good specimens worthy of preservation.
Accordingly, by virtue of the powers conferred upon it by the Town and Country Planning Act 1971, the. Council has made a Tree Preservation Order in respect thereof.
. Dated this day of Iq JLSt 1984.
Council Offices, Kiln Road, Benfleet, Essex
Chief Executive and Clerk of the Council
TO!N I') COTJ!TRY PLNNING ACT 1971
TOWN AND COU1TRY /ENITIPS ACT 1974
LOCAL G0EiiThEN1?, PLPNNING AND LAND ACT 1980
THE, CASTLE PC)Ii'T DISTRICT COCIL TR' PRESIVATION ORD7,2 No. 2
69/71 ST. MARY'S ROAD, BENFLEET
The Castle Point District Council in this Order called "the authority" in
pursuance of the powers conferred in that behalf by sections 60 and 61 of
the Town and Country Planning Act 1971 (as amended) and subject to the
provisionS of the Forestry Act 1967, hereby makes the following order :-
In this Order
"the Act" means the Town and Country Planning Act 1971, as
amended by the Local Government, Planning & Land Act 1980;
• "owner" means the owner in fee simple, either in possession
or who has granted a lease or tenancy of which the unexpIred
portion is less than three years; lessee (including a sub-
- lessee) or tenant in possession, the unexpired portion of
whose lease or tenancy is three years or more; and a mortgage
in possession. /
Subject to the provisions of this Order and to the exemptions specified
in the Second Schedule hereto, no person shall, except vith the consent of
the authority and in accordance with the conditions, if any, imposed on such
consent, cut down, top, lop, uproot, wilfully damage or wilfully destroy or
cause or permit the cutting down, topping, lopping, uprAotig, wilful damage,
or wilful destruction of any tree specified in the First Schedule hereto or
comprised in a group of trees or in a woodland therein specified, the position
of which trees, groups of trees and woodlands is defined in the manner indicated
in the said First Schedule on the map annexed hereto which map shall, for the•
purposes of such definition as aforesaid, prevail where any ambiguity arises
between it and the specification in the said First Schedule.
An application for consent made to the authority under Article 2 of
this Order shall be in writing stating the reasons for making the application
and shall be reference if necessary to a plan specify the trees to which the
application relates, and the operations for carrying out of which consent is
required.
1.
4. (i) d1here an application for consent is made to the authority under
this Order, the authority may grant such consent either unconditionally, or
subject to such conditions (including conditions requiring the replacement of
any tree by one or more trees on the site or in the immediate vicinity thereof)
as the authority may think fit, or may refuse consent:
Provided that where the application relates to any woodland specified
in the First Schedule to this 0rcer the authority shall grant consent so far
as accords with the principles of good forestry, except where, in the opinion
of the authority, it is necessary in the interests of amenity to maintain the
special character of the woodland or the woodland character of the are, and
shall not impose conditions on such consent requiring replacement or
replanting.
(2) The authority shall keep a register of all applications for consent
under this Crier containing information as to the nature of the application,
the decision of the authority therecn, any compensation awarded in consequence
of such decision and any directions as to replanting of woodlands; and every
such register shall be available for inspection by the public at all reasonable
hours. p
(NOTE: If it is desired to fell any of the trees included in this Order,
whether included as trees, groups of trees or woodlands, and the trees are
trees for the felling of which a licence is required under the Forestry Act
1967, application should be made not to the authority for consent under this Order but to the Conservator of Forests for a licence under that Act (Section. . 15(5) 5. ihere the authority refuses consent under this Order or grants such
consent subject to conditions it may when refusing or granting consent
certify in respect of any trees for which it is so refusing or granting
consent that it is satisfied :-
that the refusal or condition is in the interests of good forestry; or
in the case of trees other than trees comprised in woodlands, that
the trees have an outstanding or special amenity value.
6. (i) Where consent is granted under this Order to fell any part of a
woodland other than consent for silvicultural thinning then unless :-
2.
such consent is granted for the purpose of enabling development
to be carried out in accordance with a permission to develop
land under Part III of the Act, or
the authority dispenses with replanting,
the authority shall give to the owner of the land on which that part of the
woodland is situated a direction in writing specifying the manner in which
and the time within which he shall replant such land and where such a direction
is given and the part is felled the owner shall, subject to the provision of
this Order and Section 175 of the Act, replant the said land in accordance
with the direction.
(2) Any direction given under iaragraph (i) of this Article may
include requirements as to :—
species;
number of trees ner acre;
the erection and maintenance of fencing necessary for protection
of the replanting;
the preDaration of ground, draining, removal,of brushwood, lop
and top; and
protective measures against fire.
7. On imposing any condition requiring the replacement of any tree under
Article 4 of the Order, or an giving a direction under Article 6 of this
04
Order with respect to the replanting of woodlands, the authority shall if
such condition or direction relates to land in respect of which byelaws made
by a river authority, a dra1n3ge board, the Conservators of the River Thames
or the Lee Conservancy Catchnent Board restrict or regi1ate the planting of
trees, notify the applicant or the owner of the land, as the case may be, of
the existence of such byelaws and that any such condition or direction has
effect subject to the requirements of the river authority, drainage board,
the Conservators of the River Thames or tlieLco.Conseriancy Catchment Board
under those byelaws and the conditions or direction shall have effect
accordingly.
3.
The proviSionS set out in the Third Schedule to this Order, being
provisions of Part III of the Act and of sub-section -(5) of Section 60 of the
Act adapted and modified for the purpose of this Order, shall apply in
relation thereto.
Subject to the provisions of this Order, any person who has suffered
loss or damage in consequence of any refusal (including revocation or
modification) of consent under this Order or of any grant of any such consent
subject to conditions, shall, if he makes a claim on the authority within the
time and in the manner prescribed by this Order, b2 entitled to recover from
the authority compensation in respect of such loss or damage:
Provided that no compensation shall be payable in respect of loss or
damage suffered by reason of such refusal or grant of consent in the case
of any trees the subject of a certificate in accordance with Article 5 of
this Order.
In assessing compensation payable under the last preceding Article
account shall be taken of :-
any compensation or contribution which has been paid whether
to the claimant or any other person, in respect of the same
trees under the terms of this or any other Tree Preservation
Order under Section 60 of the Act or under the terms of any
Interim Preservation Order made under Section 8 of the Town
and Country Planning (Interim Develoent) Act 1943, or any
40 compensation which has been paid or which could have been
claimed under any provision relating to the preservation of
trees or protection of woodlands contained in an operative
scheme under the Town and Country Planning Act 1932, and
any injurious affection to any land of the owner which would
result from the felling of the trees the subject of the claim.
ii. (i) A claim for compensation under this Order shall be in writing and
shall be made by serving it on the authority, such service to be effected by
delivering the claim at the offices of the authority addressed to the Chief
Executive and Clerk thereof or by sending it by prepaid Dost so addressed.
4.
(2) The time within which any such claim shall be made as aforesaid
shall be a period of twelve months from the date of the decision of the authority,
Any question of disputed compensation shall be deteimined in accordance
with the provisions of Section 179 of the Act.
The provisions of Section 61 of the Act shall apply to this Order and
the Order shall take. effect on the date hereof.
(NOTE: Any person contravening the provisions of this Order by cutting
down, uprooting or wilfi11y destroying a tree, or by wilfully damaging,
topping or lopping a tree in such a manneras to be likely to destroy it
is guilty of an offence and liable on summary conviction to a fine not
exceeding £400 or , twice the sum which appears to the court to be the value
of the tree, whichever is the greater, or on indictment to a fine. The
penalty for any other contravention of this Order is a fine not exceeding
£200 on summar,r conviction and, in the case of a continuing offence when
the contravention is continued after conviction, a person is liable on
summary conviction to an additional fine not exceeding5 for every day on
which the contravention is so contintied.
If a tree other than one' to which an Order applies as part of a woodland
is removed, uprooted or destroyed in contravention of an Order or is
removed, uprooted or destroyed or dies at a time when its cutting down
or uprooting is authorIsed only by Section 60(6) - of the Town and Country
Planning Act 1971 relating to 'trees which are dying or dead or have become
dangerous, it is the duty of the owner of the land, unless on his application
the local planning authority dispenses with the requirement to plant another
tree of appropriate size and species at the sanie place as soon as he reasonably
can. ]!bcept in emergency, not less than five days previous notice of the
removal, etc., should be given to the authority to enable the latter to
decide whether or not to. dispense with the requirement).
5.
CASTLE POINT DISRICT C0UOIL
FIRST SCHEDULE
TREES SPECIFIED INDIVIDUALLY
NO. ON MAP
Ti
T2
DESCRIPTION
Ash
Oak
eet—G-hes-tm.t
Oa1
SI TUA TI ON
69 St. Mary's Road, Benfleet
71 St. Mary' s Road, Benfleet
-19 -4, M& ' s— I, B iIt1
..h.9—Et.
.—B-tMyito&-BenfI c-t-
el
TREES SPECIFIED BY REFERENCE TO AN AREA
NONE
GROUPS OF TREES
NONE
WOODLANDS
NONE
6.
.
C? Woz
Chief Executi ' and Clerk of the Council
3
MAP RERED TO IN TIE CASTLE POINT DISTRICT COUICIL TREE PRESERVATION ORDER NO. 2/84
SCALE - 1:1250
THE C0i'I01,T SEAL of CASTLE, POINT ) DISTRICT COtilICIL was hereunto ) affixed in the presence of:— )
Cha an of the Council
SECOND SH}UI
This Order shall not apply so as to require the consent of the authority
to
(i) the cutting down of any tree on land which is subject to a forestry
dedication covenant where
any positive covenants on the part of the owner of the
land contained in the same deed as the forestry dedication
covenant and at the time of the cutting down binding on
the then owner of the land are fulfilled;
tie cutting down is in accordance with a plan of operations
• approved by the Forestry Commission under such deed.
the cutting down of any tree which is in accordance with a plan of
operations 'approved by the Forestry Coission under the approved woodlands
scheme orother grant scheme under Section 4 of the Forestry Act 1967 except
a scheme which applies to a forestry dedication covenant;
the cutting down, uprooting, topping or lopping of a tree exempted
from the provisions of this Order by Section 60(6) of the Act namely a tree
which is dying or dead.or has become dangerous, or the cutting down, tapping
or lopping of which is in compliance with obligations imposed by or under an
Act of Parliamentpor so far as may be necessary for the prevention or abate—
ment of a nuisance.
(NOTE: Section 62(1) of the Act requires, unless on the application of the
owner the local authority dispense with the requirement, thatany tree removed
or destroyed under Section 60(6) of the Act shall be replaced by another tree
of appropriate size and species. In order to enable the local planning
authority to come to a decision, on whether or not to dispose with the
requirement, notice of the proposed action should be given to the local
planning authority which except in a case of emergency shall be of not less
than five days).
7.
(4) the cutting down, uprooting, topping or lopping of a tree
in pursuance of the power conferred on the Post Office by
virtue of Section 5 of the Telegraph (Construction) Act 1908;
by or at the request of
a statutory undertaker where the land on which the
tree is situated is operational land as defined by
the Act and either works on such land cannot other—
wise be carried out or the cutting down, uprooting,
topping or lopping is for the purpose of securing
safety in the operation of the undertaking;
an electricity board within the meaning of the
Electricity Act 1947, where such tree obstructs
the construction by the 'board of any main
transmission line or other. electric line within
the meaning respectively of the Electricity (Supply)
Act 1919 and the Electric Lighting Act 1882 or
interferes or would interfere with the maintenance
or working of any such line; '
ciiia river anthority established under the Water
Resources Act 1963 a drainage board constituted or
treated as having been constitued under the Land
Drainage Act 1930, the Conservators of the River
-
Thaies, or the Lee Conservancy Catcbment Board, . -
where the tree interferes or would interfere with
the exercise of any of the functions of such river
authority, drainage board, conse4vators of the River
Thanes or Lee Conservancy Catchnent Board in relation
to the maintenance, Improvement or construction of
- water courses or of drainage works; or
(iv) the IvIlnister of Defence for the Royal Air Force, the
1-linister of Technoloj or the Board of Trade where in
the opinion of such lilnister or Board the tree obstructs
the approach of aircraft to, or their derture from, any
aerodrome or hinders the safe and efficient use of . aviation or defence technical installations,
8.
where imiediateiy required for the purpose of carrying out
developnent authorised by the planning permission granted
on on aplication made under Part III of the Act, or deemed
to have been so granted for any of the purposes of that Part;
which is a fruit tree cultivated for fruit production growing
or standing on land comprised in an orchard or garden.
THIRD SCHEDUlE
Provisions of the following parts of Parts III and IV of the Act
as adapted and modified to apply to this Order.
Without prejudice to the following provisions as to the revocation
or modification of consents any consents under the Order, including . any direction as to replanting given by the authority on the granting
of such consent, shall (except insofar as the consent otherwise
provides) entire for the benefit of the land and of all persons for
the time being interested therein (33(1) ).
Power to If it appears to the authority that it is expedient to revoke or revoke or ôdify any modify any consent under the Order granted on an application made
consent under Article 3 of the Order, the authority may be Order revoke or under the /
Order, modify the consent to such extent as it considers expedient 45l) ). The power conferred by this section to revoke or modify a consent
may be exercised at any time before the operations for which
consent has been given have been completed:
Provided that the revocation or modification of consent shall not
affect so much of those operations as has been previously carried
out (45(4) ).
Unopoosed The following provisions shall have effect where the planning
revocation authority has made an Order (hereinafter called "such Order") or modif lea— under Section 45 (above) revoking or modifying any consent granted tion of consent. on an aDplication made under a tree preservation order and the
-
owner and the occupier of the land and all persons who in the
authority's opinion will be affected by such Order have notified
the authority in writing that they do not object to such Order
(46(1) ). 9.
The Authority shall advertise the fact that •such Order has
been made and the advertisement shall specify (a) the period
(not less than twenty—eight days from the date on which the
advertisemsnt first appears) within which persons affected
by such Order nay give notice to the authority that they
wish for an epportunity of appearing before, and being heard
by, a person appointed for the purpose and (b) the period
(not less than 14 days from the expiration of the period
referred to in paragraph (a) above) at the expiration of
which, if no such notice is given, such Order may take
effect by virtue of this section (46(2) ). The Authority shall also serve notices to the same effect on
the persons mentioned in sub—section (1)(above)(46(3) ). If within the period referred to in sub—section (2)(a)(above)
no person claiming to be affected by such Order has given
notice as aforesaid, such ..Order shall at the expiration of
the period referred to in sub—section (2)(b) of this section
take effect by virtue of this section. S.60(5) "Provision
may be made by regulations imcler this Act with respect to the
form of tree preservation orders, and the procedure to be
followed in connection with the submission and confirmation of
such orders, and the regulations may (without prejudice to the
generality of this sub—section) ma3e provision as follows :-
that, before a tr'e preservation order is confirmed by the
local planning authority, notice of the making of the order
shall be given to the owners and occupiers of land affected
by the order and to such other persons, if any, as may be
specified in the regulations;
that objections and representations with respect to the
order, if duly made in accordance with the regulations, shall
be considered before the order is confirmed by the local
planning authority;
that copies of the order, when confirmed by the authority, shall
-
be served on such persons as may be specified in the regulations".
:10.
Given under the Cotmnon Seal of Castle Point District Council this (o1*
day of -
A One thousand nine hundred and
TE COiThiON SEAL OF CASTLE POI12 DISThI.P COUI'TCIL was . hereunto affixed in the prence of :-
Chairran of the Council
Chief Execu ive &Clerk . of the Council
11.
CASTLE POINT DISTRICT COUIL
CASTLE POINT TREE PRES ERVA TI ON ORDER NO. 2/84
69/71 ST. MARY'S ROAD, BENFLEET
STATENiNT OP REASONS FOR THE COUNCIL MAKING THE ORDEE
The Council is the Local Planning Authority for the District of Castle Point.
The Council considers that the trees the subject of this Order, form an important part of the belt of trees which help to screen from view the dwellings fronting St. Mary's Road, sited prominently as those dwellings are, along the ridge of Benfleet Downs.
In addition,the trees add to the natural amenities enjoyed by the occupiers of dwellings in the vicinity.
Accordingly, by virtue of the powers conferred upon it by the Thwn and Country Planning Act 1971, the Council has made a Tree Preservation Order in respect thereof.'
40 Dated this Day of 1964
Council Offices, Kiln Road, Benfleet Essex
Chief Executive and Clerk of the Council
TOWN AND COUNTRY PLANNING AgL 191. TOWN AND COUNTRY ANITIES ACT 1974
LOCAL GOVERNMEINT, PLANNING AND LAND ACT 1980
THE CASTLE POINT DISTRICT COUNCIL TREE PRESERVATION ORDER NO. 1/84
164, DJCS FEATH ROAD, BNFLEET, ESE2
The Castle Point District Council in this Order called "the authority" in
pursuance of the powers conferred in that behalf by sections 60 and 61 of the
Town and Country Planning Act 1971 (as amended) and subject to the provisionF
of the Forestry Act 1967, hereby makes the following order :-
In this Order :-
"the Act" means the Town and. Country Planning Act 1971, as aendd by
the L.cal Government,Planning and Land Act 1980;
"owner" means the owner in fee simple, either in possession oz who has
granted a lease or tenancy of which the unoxpi.red nortinn lo loss than
three years; lessee (no1uding a so) or tenant in possession,
the unexpired portion of whose lease or tenancy is three years or more;
and a mortgagee in possession.
Subject to the provisions of this Order and to the exemptions specified
in the Second Schedule hereto, no person shall, except with the consent of the
authority and in accordance with the conditions, if any, imposed on such
consent, cut down, top, lop, uproot, wilfully damage or wilfully destroy or
cause or permit the cutting down, topping, lopping, uprooting, wilful damage,
or wilful destruction of any tree specified in the First Schedule hereto or
comprised in a group of trees or in a woodland therein specified, the position
of which trees, groups of trees and woodlands is defined in the manner indicated
in the said First Schedule on the map annexed hereto which map shall, for the
purposes of such definition as aforesaid, prevail where any ambiguity arises '
between it and the specification in the said First Schedule.
An application for consent made to the authority under Article 2 of this
Order shall be in writing stating the reasons for making the application, and
shall by reference if necessary to a plan specify the trees to which the
application relates, and the operations for carrying out of which consent is
required.
(i) Where an application for consent is made to the authority under this
Order, the authority may grant such consent either unconditionally, or subject
to such oonditions (including conditions requiring the replacement of any tree
by one or more trees on the site or in the immediate vicinity thereof), as the
1 authority may think fit, or may refuse consent:
Provided that where the application relates to any woodland specified in
the First Schedule to this Order the authority shall grant consent so far as
accords with the principles of good forestry, except where, in the opinion of the
1.
A
authority, it is necessary in the interests of aneriiy to maintain the
special character of the woodland or the woodland character of the area, and
shall not impose conditions on such consent requiring replacement or
replanting. (2) The authority shall keep a register of all applications for consent
under this Order containing information as to the nature of the application,
the decision of the authority thereon, any compensation awarded. in consequence
of such decision and. any directions as to replanting of woodlands; and every
such register shall be available for inspection by the public at all reasonable
hours. (NOTE: If it is desired to fell any of th trees included in this Order,
whether included as trees, groups of trees or woodlands, and the trees are trees
for the felling of which a licence is required under the Forestry Act 1967,
application should be made not to the authority for consent under this Order
but to the Conservator of Forests for a licexe under that Act (Section 15(5) ). . 5. Where the authority refuses consent under this Order or grants such 3on5ent
subject to conditions it may when refusing or granting consent certify in respect
of any trees for which it is so refusing or granting consent that it 5.5
aatisfied
that the refusal or cothition is in the interests of good forestry; or
in the case of trees other than trees comprised in woodlands, that the
trees have an outstanding or special amenity value.
6. (i) Where consent is granted under tnis Order to fell any part of a
woo dland, other than consent for silvicultural thinning then unless :-
such consent is granted for the pui'pose of enabliag development to be
carried out in accordance with a permission to develop land under Part
III of the Act, or
the authority dispenses with replanting,
the authority shall give to the cv:ner of the land on which that part of the
woodland is situated a direction in writing specify5,ng the manner in which and
the time within which he shall replant such land and where such a direction is
given and the part is felled the owner shall, subject to the provision of this
Order and Section 175 of the Act, replant the said land in accordar e with the
direction. (2) Any direction given wdei paragraph (1) of this Article may include
requirements as to
species;
number of trees per acre;
the erection and maintenance of fencing necessary for piotection of the
replanting;
(d.) the preparation of ground, draining, removal of brushiood, lop and p;and
((,,) protective easure.s against fire.
2.
On imposing any condition roquJrng -tQ c: •.ny Lroo mUr Article
4 of the Order, or on giving a direction under Article 6 of this Order VTI'th
respect to the replanting of woodlands, the authority shall if such condition or
direction relates to land in respect of which bye1ays made by a river authority,
a th'ainage board, the Conservators of the River Thames or the Lee Conservancy
Catchmcnt Board restrict or regulate the planting of trees, notify the applicant
or the owner of the land, as the case may be, of the existence of such byelaws
and that any such condition or direction ha effect subject to the requirements
of the river authority, drainage board, the Conservators of the River Thames or
the Lee Censervancy Catc1ent Board unduf those byclaws and the condition or
direction shall have effect accordingly.
The provisions sot out in the Third. Schedule to this Order, being provisions
of Part III of the Act and of sub-section (5) of Section 60 of the Act adapted and
modified fo: the purpose of this Order, shall apply in relation thereto.
Subject to the provisions of this Order, any person who has suffered loss or
damage in consoqucnoe of any refusal (including revocation or modification) of
consent under this 0zder or of any grant of any such consent subject to conditions,
shall, if he makes a claim on the authority vithin the time and in the manner
prescribed. by this Order, be entitled to recover from the authority compensation
in respect of such loss or anago:
Provided that no compensation shall be payable in respect of loss or damage
suffered by reason of such refusal or grant of consent in the case of any trees
the subject of a certificate in accordance with Lrticlo 5 of this Order.
O. In assessing compensation payable under the last preceding Article account
shall be taken of
any compensation or contribution which has been paid whether to the
claimant or any other person, in respect of the sane trees under the
torus of this or any other Tree Preservation Order under Section 60 of
the Act or under the torus of any Interim Preservation Order made under
Section 8 of the Tow.n and Country Planning (Interim Deve1opnent) Act 1943,
or any compensation which has been paid or which could. have been claimed
under any provision relating to the preservation of trees or protection
of woodlands contained in an operative schaso under the Town and Countr
Planning Act 1932, and
any injurious affection to any land of the owner which wuld result from
the felling f the tr.ies the subject of the claim.
11. (i) A claim far compensation under this Order shall be in writing and shall be
made by serving it on the authority, such service to be effected by delivering
the claln at the offices of the authority addressed to the Chief Executive and
Clerk thereof or by sending it by prepaid post so addressed.
3.
(2) The time within which any such claim shall be made as aforesaid
shall be a period of twelve months from the date of the decision of the authority.
Any question of disputed compensation shall be determined in accordance
with the provisions of Section 179 of the Act.
The provisions of Section 61 of the Act shall apply to this Order and the
Order shall - ke effect on the date hereof.
(NO: Any person contravening the provisions of this Order by cutting dorn,
uprooting or wilfully destroying a tree, or by wilfully damaging, topping or
lopping a tree in such a manner as to be likely to destroy it is guilty of an
offence and liable on summary conviction to a fine not exceeding £400 or twice
the sun which appears to the Court to be the value of the tree, whichever is the
greater, or on indictment to a fine. The penalty for any other contravention
of this Order is a fine not exceeding £200 on summary conviction and, in the
case of a continuing offence when the contravention is continued after
conviction, a person is liable on summary conviction to an additional fine not
exceeding £5 for every day on which the contravention is so continued. If a tree other than one to which an Order applies as part of a woodland is
removed, uprooted or destroyed in contravention of an Order or is removed,
uprooted or destroyed or dies at a time when its cutting down or uprooting is
authorised only by Section 60(6) of the Town and Country Planning Act 1971
relating to t rees which are dying or dead or have become dangerous, it is the
duty of the owner of the land, unless on his application the local planning
authority dispenses with the requirement, to plant another tree of appropriate
size and species at the sane place as soon as he reasonably can. Except in
emergency, not less than five days previous notice, of the removal, etc.,
should be given to the authority to enable the lc.tter to decide whether or not
to dispense with the requirement).
0
I
'it
4.
FIRST SCHEDULE
TREES SPIFIED INDIVIDUALLY
NO. ON MAP DESCRIPTION SITTJTION
T.1. Oak 164 Daws Heath Road, B enf 1 eet.
TREES SPBIFIED BY REFRiCE iO AN tRA
NONE
ROU?S OF TREES
ONE
YOODLANDS
NONE
S.
.
.
WS
- G
-' G
,--- G
I ------------
It It'
I Cottage Plantation
.
MAP REPEREED TO IN THE CASTLE POINT DISTRICT COUNCIL TBE1 PEESERVATION ORDER NO. 1/84
SCALE - 1:1250
THE COI'IION SEAL of CASTLE POINT DISTRICT COUicCIL was hereunto affixed in the presence of:— )
Chairman of the Council
Chief Execut and. Clerk of the Council
I_.LJ,J LI lLI L1¼.d J._.A.1_JUJ.JLJ
This Order shall not apply so as to require the consent of the arLhority to
(i) the cutting down of any tree on land which is subject to a forestry
dedication covenant whore
any positive ccvcnants on the part of the owner of the land contained
in the same deed as the forestry dedication covenant and at the tine
of the cutting dLwn binJing on th then owner of the lan.1 are fulfilled;
the cutting down is in accordanco with a plan of operations approved
by the Forestry Coission undc: such deed.
(2) the cutting down of any tree which is in accordance with a plan of operations
approved by the Forestry Ccission under the approved woodiands scheme or
other grant sch€o under Section ).i of the Forestry hot 1967 except a scheme which
applies to a forestry dedication covenant;
(.3) the cutting c1OWfl, uprooting, topping or lopping of a tree exempted from the
• provisions cf this Order by Section 60(6) of the Act namely a tree which is
dying or dead or has become dangerous, or the cutting down, topping or lopping
of which is in compliance with obligations imposed by or under an Act of
Parliament, or so far as may be necessary for the prevention or abatement of a
nuisance.
(N01: Section 62(1) of the requires, unless on the application of the
owner the local authority dispense with the requit'ement, that any tree removed
or destroyed under Section 60(6) of the act shall be replaced by another tree of
appropriate size and species. In order to enable tfle local planning authority
to come to .a cecision, on whother or not to dispense with the requirement, notice
of the prcpused action should be given to the local planning authority which
except in a case of emergency shall be of not loss than five days).
(4) the cutting down, uprooting, topping or lopping of a tr.e
(a) in pursuance of the p:wer conferred on the Post Office by virtue of
Section 5 of the Telegraph (Construction) ct 1908;
b) by or at the request of
(i) a statutory undertaker where the land on which the tree is situated
is operational land as defined by the Act and either works on such
land cannot otherwise be carried out or the cutting down, uprooting,
topping or lopping is for the purpose of securing safety in the
operation of the undcrtadng;
(±±) an electricity board within the meaning of the ELectricity Act 1947,
where -such tree obstructs the construction by the Board of any main
transmission line or other electric line within the meaning
respectively of the Electricity (Supply) Act 1919 and the Electric
Lighting ct 1882 or interferes or would interfere with the
:aintenare or working of any such line;
6.
a river authority established under th Wtor Rocourees ct 1963
a drainage board constituted or treated as having been constitued
under the Land Drainage Act 1930, the Conservators of the River
Thames, or the Lee Conservancy Catchinent Board, where the tree
interferes or would interfere with the exercise of any of the
functions of such river authority, drainage board, Conservators
of the River Thames or Lee Conservancy Catchmont Board in
relation to the maintenance, improvement or construction of
water courses or of drainage works; or
the Minister of Defence for the Royal Air Force, the Minister of
Technology or the Board of Trade where in the opinion of such
Minister or Board the tree obstructs the approach of aircraft to,
or their departure from, any aerodrome or hinders the safe and
efficient use of aviation or defence technical installations;
where immediately required for the purpose of carrying out development
authorised by the planning permission granted on an application made
S under Part III of the Act, or deemed to have been so granted for any
of the purposes of that Part;
which is a fruit tree cultivated for fruit production growing or
standing on land comprised in an orchard or garden.
THIRD SC}DULE
Provisions of the following parts of Parts III and IV of the Act as adapted
and modified to apply to this Order.
Without prejudice to the following provisions as to the revocation or
modification of consents any consents under the Order, including any direction
as to replanting given by the authority on the granting of such consent,
shall (except insofar as the consent otherwise provides) enure for the
S benefit of the land and of all persons for the time being interested therein
(33(1) ). Power to If it appears to the authority that it is expedient to revoke or revoke or modify any consent under the Order granted on an application made under modify any Article 3 of the Order, the authority may by Order revoke or modify the consent under consent to such extent as it considers expedient (45(1) ). the Order. The power conferred by this section to revoke or modify a consent may
be exercised at any time before the operations for which consent has been
given have been completed:
Provided that the revocation or modification of consent shall not
affect so much of those operations as has been previously carried out (45(4) ).
.7 I.
Uitoppo'ed The following provJ s i,nis shall live effect where the planning
revocation authority has made an Order (hereinafter called "such Ordcrtt) under or modifica- Section 45 (above) revoking or modifying any consent granted on an appli- tion of cation made under a tree preservation order and the owner and the occupier consent.
of the land and all persons who in the authority's opinion will be affected
by such Order have notified the authority in writing that they do not object
• to such Order (46(1) ). The Authority shall advertise the fact that such Order has been made
and the advertisement shall specify (a) the period (not less than twenty-
eight days from the date on which the advertisement first appears) within
which persons affected by such Order may give notice to the authority that
they wish for an opportunity of appearing before, and bing heard by, a
person appointed for the purpose and (b) the period (not less than 14 days
from the expiration of the period referred to in paragraph (a) above) at the
expiration of which, if no such notice is given, such Order may take effect
by virtue of this section (46(2) ). The Authority shall also serve notices to the same effect on the persons
mentioned, in sub-section (1) (above) (46(3) ). If within the period referred to in sub-section (2)(a) (above) no
person claiming to be affected by such Order has given notice as aforesaid,
such Order shall at the expiration of the period referred to in sub-section
(2) (b) of this section take effect by virtue of this section. S.60(5) "Provision may be made by regulations under this Act with rtspect to the
form of tree preservation orders, and the procedure to be followed in
connection with the submission and confirmation of such orders, and the
regulations may (without prejudice to the generality of this sub-section)
make provision as follows
that, before a tree preservation order is confirmed by the local
planning authority, notice of the making of the order shall be
given to the owners and occupiers of land affected by the order and
to such other persons, if any, as may be specified in the regulations;
that objections and representations with respect to the order, if
duly made in accordance with the regulations, shall be considered
before the order is confirmed by the local planning authority;
that copies of the order, when confirmed by the authority, shall
be served on such persons as may be specified in the regulations."
Given under the Common Seal of Castle Point District Council this o.f-L
dav of One thousand nine hundred and cy -r
TIDCOi'iOi SEAL of CASTLE ) POITh? DISThICT COU1'ICIL was )
• hereunto affixed in the ) presence of :— )
Chairman of the Council
cc 47
chief Executive & Clerk of the Council
I hcrsby cn4y that this is Q •trJ.7 copy if th3
OrCi nneat
cw of /-/ 19 ?'j- -
soficklor for Ccstic Poi,t District Coinci
Coune O1ce:, (Ur Road, £i&*
9.
.
I
El
CASTLE POINT DISICT COUNCIL
CASTLE POINT ThEE PRESEVAON ORDER t40. I /8
164 DA'S HEAT1-1 ROAD, BENFLEET
State:nent of the Reasons of the Council for making the Order
The Council is the local Planning Authority for the
Ll District of Castle Point.
The Council considers. the tree to be an excellent
specimen in good cond.ition, and sited as it is,
close to the i.gh.ay boundary, forms an attractive
feature worthy of preservation.
Accordingly, by virtue of the powers conferred
upon it by the Town and Country Planning Act 1971,
the Council has made a Tree Preservation Order in
[I re5pect thereof.
DATED ']EIS 4Th DAY OF APRIL 1982+
Council Offices
Kiln Road,
Benfleet,
Essex Chief Executive and Clerk of
/ the Council