Special controls

The Town and Country Planning Act 1990 (TCPA 1990) contains special controls in relation to: trees, land whose condition has become detrimental to the amenities of the neighbourhood, and advertisements.

The main provisions in relation to protection of trees are:

a) a duty on LPAs to ensure when granting planning permission they include adequate provisions for preserving and planting of trees;
b) a power for LPAs to make tree preservation orders to protect specific trees, groups of trees or woodlands in the interests of amenity.

Where the condition of land has become detrimental to the amenity of the neighbourhood, TPCA 1990 provides LPAs with the power to serve a notice on the owner or occupier requiring specified steps to be taken to remedy the condition of the land. The notice sets out the steps that need to be taken and the time within which they must be carried out. The person on whom the notice is served has a right of appeal to the magistrates’ court.

Failure to comply with a notice is an offence and the LPA may enter the land, carry out the required works and recover from the owner expenses reasonably incurred.

TCPA 1990 sets the framework for the control of advertisements. The technical detail of advertisement control is contained in secondary legislation.