(1) In section 159 of the principal Act (general duties of planning authority as respects trees)—
(a) the words “of the planning authority” are repealed,
(b) at the beginning of paragraph (a), insert “of the Scottish Ministers and the planning authority”,
(c) at the beginning of paragraph (b), insert “of the planning authority”, and
(d) at the end add “, and
(c) of the planning authority from time to time to review any order made in exercise of their powers under that section and to consider whether it is requisite to vary or revoke the order in question.”.
(2) In section 160 of that Act (power to make tree preservation orders)—
(a) for subsection (1) substitute—
“(1) A planning authority may, if it appears to them that the requirements of subsection (1A) are met, make an order specifying any trees, groups of trees or woodlands in their district and providing for their preservation.
(1A) Those requirements are (either or both)—
(a) that it is expedient in the interests of amenity to make that provision,
(b) that the trees, groups of trees or woodlands are of cultural or historical significance.”,
(b) in subsection (6), the words “, where paragraph (a) or (b) applies,” are repealed, and
(c) after subsection (7) insert—
“(8) In relation to an application for consent under a tree preservation order the Scottish Ministers may by regulations make provision as to—
(a) the form and manner in which the application must be made,
(b) particulars of such matters as are to be included in the application,
(c) any documents or other materials which are to accompany the application.”.
(3) In section 161 of that Act (form of, and procedure applicable to, tree preservation orders), for subsection (1) substitute—
“(1) Subject to section 249, a tree preservation order—
(a) takes effect on such date as may be specified in the order, but
(b) expires 6 months after it is made unless it has, within that period, been confirmed by the planning authority.
(1A) An order may be confirmed under subsection (1)(b) without modification or subject to such modifications as the planning authority consider expedient.”.
(4) After section 161 insert—
(1) If it appears to a planning authority that a tree, group of trees or woodlands—
(a) on land in their district, and
(b) in respect of which they have made a tree preservation order,
may be in imminent danger of being cut down, topped, lopped, uprooted, wilfully damaged or wilfully destroyed and accordingly that it is expedient that a copy of the order should be affixed conspicuously to the tree, group of trees or woodlands in question, a person duly authorised in writing by them may enter the land and so affix such a copy.
(2) Subsection (1) is without prejudice to any provision made by virtue of section 161(3)(b) and (4) as respects notice of the making of the order.”.
(5) In section 164(2) of that Act (effect of tree preservation order made by Scottish Ministers), after the word “and” insert “timeously”.
(6) In section 168 of that Act (enforcement of duties as to replacement of trees), after subsection (3) insert—
“(3A) In relation to any tree planted by virtue of a requirement such as is mentioned in subsection (1)(b), the relevant tree preservation order shall apply as it applied to the original trees.”.
After Part 11 of the principal Act insert—
(1) This section applies if the Scottish Ministers issue, or a person appointed by them under any of the planning Acts to determine appeals in their stead, issues, a decision document which contains a correctable error.
(2) The issuer may correct the error—
(a) if requested to do so in writing by any person, or
(b) if the issuer sends a statement in writing to the applicant which explains the error and states that consideration is being given to making the correction.
(3) But the issuer must not correct the error unless the issuer—
(a) not later than the end of the relevant period receives a request mentioned in subsection (2)(a) or sends a statement mentioned in subsection (2)(b),
(b) informs the planning authority of that fact, and
(c) obtains the appropriate consent.
(4) The relevant period is the period within which an application or appeal may be made to the Court of Session in respect of the decision recorded in the decision document.
(5) It is immaterial whether any such application or appeal is made.
(6) The appropriate consent is the consent in writing of the applicant except where the applicant is not the owner of the land in respect of which the decision is made, in which case it is the consent in writing of both the applicant and the owner.
(7) But consent is not appropriate consent if it is subject to a condition.
(1) If paragraph (a) or (b) of section 241A(2) applies the issuer must as soon as practicable after making any correction or deciding not to make any correction give notice in writing (a “correction notice”) which—
(a) specifies the correction of the error, or
(b) intimates the issuer’s decision not to make such a correction.
(2) The issuer must give the correction notice—
(a) to the applicant,
(b) if the applicant is not the owner of the land in respect of which the original decision was made, to that owner,
(c) to the planning authority, and
(d) if the correction was requested by any other person, to that person.
(3) The Scottish Ministers may by order specify any other person or description of person to whom the correction notice must be given.
(1) If a correction is made in pursuance of section 241A—
(a) the original decision is taken not to have been made, and
(b) the decision as corrected is taken for all purposes to have been made on the date the correction notice is given to the applicant.
(2) If the correction is not made—
(a) the original decision continues to have full force and effect, and
(b) nothing in this Part affects anything done in pursuance of, or in respect of, the decision.
(3) Section 239 (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were an action on the part of the Scottish Ministers to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (a) of section 241D(3).
(4) Section 58 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Scottish Ministers to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in either of paragraphs (c) and (d) of section 241D(3).
(5) Section 20 of the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Scottish Ministers under section 18 or 19 of that Act, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (e) of section 241D(3).
(6) If the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (f) of section 241D(3), the Scottish Ministers must by order make provision for questioning the validity of the notice which corresponds to the provisions of section 239, section 58 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) and section 20 of the Planning (Hazardous Substances) (Scotland) Act 1997.
(7) Except to the extent provided for by virtue of this section, a correction notice shall not be questioned in any legal proceedings whatsoever.
(1) This section applies for the purposes of this Part.
(2) In the case of a decision document issued by a person appointed as mentioned in section 241A(1), any other person so appointed may act under this Part.
(3) A decision document is a document which records any of the following decisions—
(a) a decision of any description which constitutes action on the part of the Scottish Ministers under section 237(3) (decisions which are not to be questioned in legal proceedings),
(b) a decision in proceedings on an appeal under section 169 (appeals against enforcement notices relating to trees),
(c) a decision mentioned in section 57(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) (decisions which are not to be questioned in legal proceedings),
(d) a decision relating to conservation area consent within the meaning of section 66(1) of that Act (consent required for demolition of certain buildings),
(e) a decision under section 18 or 19 of the Planning (Hazardous Substances) (Scotland) Act 1997 (certain applications referred to and appeals determined by the Scottish Ministers),
(f) a decision under any of the planning Acts which is of a description specified by the Scottish Ministers by order.
(4) A correctable error is an error which—
(a) is contained in any part of the decision document which records the decision,
(b) is not part of any reasons given for the decision.
(5) The applicant is, in the case of a decision made on—
(a) an application under any of the planning Acts, the person who made the application, or
(b) an appeal under any of those Acts, the appellant.
(6) Error includes omission.”.