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Publication - Correspondence

Scottish Planning Series: Planning Circular 1 2011: Tree Preservation Orders

Published
1 February 2011
ISBN
9780755999781

This Circular and attached annex set out Scottish Government Policy onTPOs and trees in conservation areas contained in the Town and Country Planning(Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006 and theTown and Country Planning

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COMPENSATION

Compensation in respect of a TPO 40

66. TPOs make provision for the payment by the planning authority of compensation for loss or damage caused or incurred as a result of:

  • the refusal of any consent under the TPO; or
  • the grant of a consent subject to conditions.

67. To ascertain whether someone is entitled to compensation in any particular case it is necessary to refer to the TPO in question. Exceptions and conditions may be specified in the TPO. 41

68. Except as may be provided by Section 166(5) of the 1997 Act, any question of disputed compensation will be referred to the Lands Tribunal. The provisions of sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply subject to any necessary modifications and to the provisions of any regulations made under the 1997 Act.

Compensation in respect of a replanting direction 42

69. Where:

  • the planning authority gives a replanting direction to secure the replanting of woodland which is felled in the course of forestry operations; and
  • the Forestry Commission decides not to make any grant or loan in respect of the replanting,

the planning authority is liable to pay compensation for any loss or damage caused or incurred as a result of complying with the direction.

70. In deciding not to make any grant or loan the Forestry Commission must be satisfied that the replanting direction frustrates the use of the woodland for the growing of timber or other forest products for commercial purposes and in accordance with the rules of good forestry practice. The Forestry Commission must, at the request of the person under a duty to comply with the direction, give a certificate stating the grounds for its decision.

71. A claim for compensation must be made within 12 months from the date on which the direction was given or, if an appeal is made, within 12 months from the date of Scottish Ministers' decision. The period for making a claim may be extended at the discretion of the planning authority. Any question of disputed compensation shall be determined in accordance with Section 70 of the Countryside (Scotland) Act 1967.

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