The Council Planning Department has a discretional planning power to make a Tree Preservation Order. The legal parameters for making a Tree Preservation Order are set out in The Planning Act (Northern Ireland) 2011.
The Planning Act (NI) 2011
Specific sections of the Act set out the legislative requirements for a Council to make a Tree Preservation Order or a Provisional Tree Preservation Order. These are:
It is important to note that the Department for Infrastructure reserves planning powers to make a Tree Preservation Order under Section 124 of the Planning Act (NI) 2011.
Scheme of Delegation
The Planning Department Scheme of Delegation sets out who has the power to make a Provisional Tree Preservation Order or Full Tree Preservation Order and who has the power to confirm a Tree Preservation Order.