Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part V · Development Charge
35D. Compensation under a tree preservation order
Feedback & supportIf the owner of the land to which a tree preservation order relates proves that he has, in complying with paragraphs 35C(a) to (d), suffered damages in the form of depreciation in the value of the land, he may claim compensation from the local planning authority.
owner
“owner”, in relation to any land or building, means— (a) the registered proprietor of the land; (b) if, in the opinion of the local planning authority, the registered proprietor of the land cannot be traced, his agent or trustee; Town and Country Planning 15 (c) if the registered proprietor of the land is dead, his legal personal representative; (d) if none of the persons mentioned in paragraphs (a), (b), and (c) exists, the person who for the time being is receiving the rent of the land or building, whether on his own account or as an agent or trustee of another person or as a receiver, or who would be receiving the rent if the land or building were let;
A claim for compensation under subsection (1) shall be served on the local planning authority—
within six months from the date on which—
the tree preservation order;
the refusal of a written permission or the imposition of conditions under paragraph 35A(2)(a); or
the order to replace a tree under paragraph 35A(2)(b), was communicated to the owner of the land; or
where an appeal is made under subsection 35C(1), within six months from the date of the decision of the Appeal
Board confirming the order, refusal or imposition of conditions appealed against.
If the owner of such land is dissatisfied with the amount of compensation awarded, he may, within one month from the date of such award, appeal to the Appeal Board which shall have the power to confirm or vary the amount of compensation awarded.
land
“land” includes— (a) the surface, and all substances forming the surface, of the earth; (b) all substances below the surface of the earth; (c) all vegetation and other natural products, whether or not requiring periodical application of labour to their production, and whether on or below the surface of the earth; (d) all things, whether on or below the surface of the earth, that are attached to the earth or permanently fastened to any thing attached to the earth; (e) land covered by water; and (f) any estate or interest in, or right over, land;