Statutory Rules of Northern Ireland

(a) after the definition of "the Act of 1965" there shall be inserted—

" "address" in relation to electronic communications, means any number or address used for such purposes;";

(b) after the definition of "electricity undertaker" there shall be inserted—

" "electronic communication" has the same meaning as in the Electronic Communications Act (Northern Ireland) 2001;".

    (3) After paragraph (2) there shall be inserted the following paragraph—

    " (2A) Where—


(a) an electronic communication is used for the purpose of giving or serving a notice or other document on or to any person for the purposes of this Order, and

(b) the communication is received by that person outside that person's business hours,



it shall be taken to have been received on the next working day, and in this paragraph, "working day" means a day which is not a Saturday, Sunday or a public holiday.".

" "electronic communication" has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001."

    (3) After paragraph (1), as so renumbered, there shall be inserted the following paragraphs—

    " (2) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out electronically—


(a) the expression "address" includes any number or address used for the purpose of such communications, except that where these Regulations impose any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to forms, plans, notices or other documents or to copies of such things include references to such documents or copies of them in electronic form.



    (3) Paragraphs (4) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any form, plan, notice or other document to any other person ("the recipient").

    (4) The requirement shall be taken to be fulfilled where the form, plan, notice or other document transmitted by means of electronic communication is—



(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.



    (5) In paragraph (4), "legible in all material respects" means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

    (6) Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose "working day" means a day which is not a Saturday, Sunday or a public holiday.

    (7) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4).".

     2. After regulation 6 (claims for compensation and purchase notices), there shall be inserted the following regulation—

" Use of electronic communications
     6A. —(1) Paragraphs (2) and (3) apply where a person uses electronic communications for any of the following purposes—


(a) making an application under regulation 3 for conservation area consent;

(b) making a claim for compensation or serving a purchase notice under regulation 6.



    (2) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the application or claim or giving or serving the notice shall be taken to have agreed—



(a) to the use of electronic communications for all purposes relating to the application, claim or notice (as the case may be) which are capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application, claim or notice;

(c) that the person's deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.



    (3) In regulation 3(1) (applications) the requirement that an application for conservation area consent—



(a) shall be accompanied by a plan sufficient to identify the building shall be satisfied where the applicant identifies the building on an electronic map provided by the Department and for this purpose a map is taken to be provided where the Department has published it on its website, and

(b) shall be accompanied by two further copies of the form, plans and drawings shall not apply.".

(a) after the definition of "the Directive" there shall be inserted the following definition—

" "electronic communication" has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001.";

(b) in the definition of "local advertisement", after the words "replacement of a development plan;" there shall be inserted "and where the Department maintains a website for the purpose of advertisement, by publication of the notice on the website;".

    (3) After paragraph (3) there shall be inserted the following paragraphs—

    " (4) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out electronically—


(a) the expression "address" includes any number or address used for the purpose of such communications;

(b) references to notices or other documents or to copies of such things include references to such documents or copies of them in electronic form.



    (5) Paragraphs (6) to (9) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any notice or other document to any other person ("the recipient").

    (6) The requirement shall be taken to be fulfilled where the notice or other document transmitted by means of electronic communication is—



(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.



    (7) In paragraph (6), "legible in all material respects" means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

    (8) Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose "working day" means a day which is not a Saturday, Sunday or a public holiday.

    (9) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (6), and "written" and cognate expressions are to be construed accordingly.".

     2. After regulation 14 (notice of adoption of a development plan), insert—

" Use of electronic communications
     14A. —(1) Paragraph (2) applies where a person uses electronic communications for any of the following purposes—


(a) making representations about proposals under regulation 3;

(b) making objections to the making, alteration, etc. of a development plan under regulation 4;

(c) making representations about an objection under regulation 4A.



    (2) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the objection or representation shall be taken to have agreed—



(a) to the use of electronic communications for all purposes relating to the objection or representation (as the case may be) which are capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the objection or representation;

(c) that the person's deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.".

" "electronic communication" has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001.".

    (3) After paragraph (2) there shall be inserted the following paragraphs—

    " (3) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out electronically—


(a) the expression "address" includes any number or address used for the purpose of such communications, except that where these Regulations impose any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to forms, plans, notices or other documents or to copies of such things include references to such documents or copies of them in electronic form.



    (4) Paragraphs (5) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any form, plan, notice or other document to any other person ("the recipient").

    (5) The requirement shall be taken to be fulfilled where the form, plan, notice or other document transmitted by means of electronic communication is—



(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.



    (6) In paragraph (5), "legible in all material respects" means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

    (7) Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose "working day" means a day which is not a Saturday, Sunday or a public holiday.

    (8) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (5), and "written" and cognate expressions are to be construed accordingly.".

     2. After regulation 8 (claims for compensation), there shall be inserted—

" Use of electronic communications
     8A. —(1) Paragraphs (2) and (3) apply where a person uses electronic communications for any of the following purposes—


(a) making an application under regulation 2 for listed building consent or approval of the Department required by a condition imposed on a grant of listed building consent;

(b) making an application under regulation 5, for consent to execute works without compliance with conditions previously attached;

(c) making a claim for compensation under regulation 8.



    (2) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the application or claim shall be taken to have agreed—



(a) to the use of electronic communications for all purposes relating to the application or claim (as the case may be) which are capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application or claim;

(c) that the person's deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.



    (3) The requirement in regulation 2(1)(b) that an application for listed building consent shall be accompanied by a plan sufficient to identify the building is satisfied where the applicant identifies the building on an electronic map provided by the Department and for this purpose a map is taken to be provided where the Department has published it on its website.".

" "electronic communication" has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001.".

    (3) After paragraph (3) there shall be inserted—

    " (4) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out—


(a) the expression "address" includes any number or address used for the purpose of such communications;

(b) references to forms, plans, notices or other documents or to copies of such things include references to such documents or copies of them in electronic form.



    (5) Paragraphs (6) to (10) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any form, plan, notice or other document to any other person ("the recipient").

    (6) The requirement shall (except in a case referred to in paragraph (7)) be taken to be fulfilled where the notice or other document transmitted by means of electronic communication is—



(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.



    (7) The cases are—



(a) serving notice under regulation 6(3);

(b) serving notice requiring application for express consent under regulation 11.



    (8) In paragraph (6), "legible in all material respects" means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

    (9) Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose "working day" means a day which is not a Saturday, Sunday or a public holiday.

    (10) A requirement in these Regulations that any application, notice or other document should be in writing is fulfilled where the document meets the criteria in paragraph (6), and "written" and cognate expressions are to be construed accordingly.".

     2. In regulation 6 (2) (directions restricting deemed consent) after the word "locality", where it first appears, there shall be inserted "and, where the Department maintains a website for the purpose of advertisement, by publication of the notice on the website".

     3. After regulation 14 (compensation for revocation or modification of consents), there shall be inserted—

" Use of electronic communications
     14A. —(1) Paragraphs (2) and (3) apply where a person uses electronic communications for any of the following purposes—


(a) making an application for express consent under regulation 7;

(b) serving notice of appeal to the planning appeals commission under regulations 11 or 12;

(c) making a claim for compensation under regulation 14;

(d) giving notice to the Department under a deemed consent under Part 1 of Schedule 3 which is subject to a condition to give such a notice.



    (2) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the application, claim or giving or serving notice shall be taken to have agreed—



(a) to the use of electronic communications for all purposes relating to the application, appeal, claim or notice (as the case may be) which are capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application, appeal, claim or notice;

(c) that the person's deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.



    (3) The requirement in regulation 7(3)(b) that an application for express consent to display advertisements shall be accompanied by a plan sufficient to identify the site is satisfied where the applicant identifies the site on an electronic map provided by the Department and for this purpose a map is taken to be provided where the Department has published it on its website.".

" "electronic communication" has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001.".

    (3) After paragraph (3) there shall be inserted the following paragraphs—

    " (4) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically—


(a) the expression "address" includes any number or address used for the purpose of such communications except that where these Regulations impose any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to forms, maps, plans, notices or other documents or to copies of such things include references to such documents or copies of them in electronic form.



    (5) Paragraphs (6) to (9) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any form, map, plan, notice or other document to any other person ("the recipient").

    (6) The requirement shall be taken to be fulfilled where the application or other document transmitted by means of electronic communication is—



(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.



    (7) In paragraph (6), "legible in all material respects" means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

    (8) Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose "working day" means a day which is not a Saturday, Sunday or a public holiday.

    (9) A requirement in these Regulations that any application or other document should be in writing is fulfilled where the document meets the criteria in paragraph (6), and "written" and cognate expressions are to be construed accordingly.".

     2. In regulation 6 (1) (advertisement of notices of applications) after the word "situated" there shall be inserted "and, where the Department maintains a website for the purpose of advertisement, by publication of the notice on the website".

     3. After regulation 19 (effect of hazardous substances contravention notices), there shall be inserted—

" PART 6
ELECTRONIC COMMUNICATIONS
Use of electronic communications
     20. —(1) Paragraphs (2) and (3) apply where a person uses electronic communications for any of the following purposes—


(a) making an application for hazardous substances consent under regulation 5;

(b) making a claim for deemed consent under regulation 14;

(c) serving notice of appeal against a hazardous substances contravention notice under regulation 18.



    (2) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the application or serving notice of appeal shall be taken to have agreed—



(a) to the use of electronic communications for all purposes relating to the application, claim or appeal (as the case may be) which are capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application, claim or appeal;

(c) that the person's deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.



    (3) In regulation 5—



(a) in paragraph 1(b) the requirement that an application for express consent shall include a site map is satisfied where the applicant identifies the site on an electronic map provided by the Department and for this purpose a map is taken to be provided where the Department has published it on its website;

(b) in paragraphs (1)(c), (2)(c) or (3)(c) the requirement that an application for hazardous substances consent shall be accompanied by 3 additional copies of the documents required shall not apply.".

" "electronic communication" has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001;".

    (3) After paragraph (3) there shall be inserted the following paragraphs—

    " (4) In this Order and in relation to the use of electronic communications or electronic storage for any purpose of this Order which is capable of being carried out electronically—


(a) the expression "address" includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to applications, forms, maps, plans, drawings, certificates or other documents or to copies of such things include references to such documents or copies of them in electronic form.



    (5) Paragraphs (6) to (9) apply where an electronic communication is used by a person for the following purposes—



(a) fulfilling any requirement in this Order to give or send any application, notice or other document to any other person ("the recipient"); or

(b) lodging an application, certificate or other document under Article 11(3) with the Department.



    (6) The requirement shall not be taken to be fulfilled, or (as the case may be) the application or other document shall not be taken to have been lodged, unless the document transmitted by the electronic communication is—



(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.



    (7) In paragraph (6), "legible in all material respects" means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

    (8) Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose "working day" means a day which is not a Saturday, Sunday or a public holiday.

    (9) A requirement in this Order that any application, notice or other document should be in writing is fulfilled where the document meets the criteria in paragraph (6), and "written" and cognate expressions are to be construed accordingly.".

     2. In Article 5(2) (notices relating to article 4 directions) after the word "situate" there shall be inserted "and, where the Department maintains a website for the purpose of advertisement, by publication of the notice on the website".

     3. After Article 22 (register of orders and directions) there shall be inserted—

" Registers held using electronic storage
     22A. Where registers held under Articles 18 to 22 are kept using electronic storage, the Department may make the registers available in each case for inspection by the public on a website maintained by the Department for that purpose.

Use of electronic communications
     22B. —(1) Paragraphs (2) to (4) apply where a person uses electronic communications for any of the following purposes—


(a) serving the required notice under a relevant condition to a class of development permitted under Article 3 and set out in Part 1 of Schedule 1;

(b) making an application for planning permission under Article 7;

(c) making an application for approval of reserved matters under Article 9;

(d) making an application for a certificate of lawfulness of existing use or development or a certificate of lawfulness of proposed use or development under Article 10;

(e) making a claim for compensation or serving a purchase notice under Article 17.



    (2) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the application or claim or serving notice shall be taken to have agreed—



(a) to the use of electronic communications for all purposes relating to the application, claim or notice (as the case may be) which are capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application, claim or notice;

(c) that the person's deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.



    (3) In Article 7(1)—



(a) in paragraph (b) the requirement that an application for planning permission shall be accompanied by a plan which identifies the land to which it relates shall be satisfied where the applicant identifies the land on an electronic map provided by the Department and for this purpose a map is taken to be provided where the Department has published it on its website;

(b) in paragraph (c) the requirement to submit 6 additional copies of the form, plans and drawings shall not apply.



    (4) In Article 9(c) the requirement to submit 6 additional copies of the form, plans and drawings shall not apply.".

" "electronic communication" has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001;".

    (3) After paragraph (4) there shall be inserted the following paragraphs—

    " (5) In these Regulations, and in relation to the use of electronic communications or electronic storage for any purpose of these Regulations which is capable of being effected electronically—


(a) the expression "address" includes any number or address used for the purpose of such communications except that where these Regulations impose any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to plans, notices or other documents or to copies of such things include references to such documents or copies of them in electronic form.



    (6) Paragraphs (7) to (10) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any statement, notice or other document to any other person ("the recipient").

    (7) The requirement shall (except in the case of service of a notice under regulation 22) be taken to be fulfilled where the notice or other document transmitted by means of electronic communication is—



(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.



    (8) In paragraph (7), "legible in all material respects" means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

    (9) Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose "working day" means a day which is not a Saturday, Sunday or a public holiday.

    (10) A requirement in these Regulations that any application, notice or other document should be in writing is fulfilled where the document meets the criteria in paragraph (7), and "written" and cognate expressions are to be construed accordingly.".

     2. In regulation 12(c) (publicity where an environmental statement is submitted) for the word "an" there shall be substituted the words "a postal".

     3. After paragraph (3) of regulation 34 (availability of information in relation to determinations, opinions, decisions, etc.) there shall be inserted—

    " (4) Where the registers kept under this regulation are kept using electronic storage, the Department may make the registers available for inspection by the public on a website maintained by the Department for that purpose.".

     4. After regulation 36 (appeals to the Commission for developments for which an environmental statement is required), there shall be inserted—

" Use of electronic communications
     36A. —(1) Paragraph (2) applies where a person uses electronic communications to make an application under regulation 6 (pre-application determination as to the need for environmental impact assessment and opinion as to content of environmental statement), and except where a contrary intention appears, the applicant shall be taken to have agreed—


(a) to the use of electronic communications for all purposes relating to the application which is capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application;

(c) that the person's deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.



    (2) In paragraph (3)(a) of regulation 6 the requirement for the application to be accompanied by a plan sufficient to identify the land to which the application relates is satisfied where the applicant identifies the land on an electronic map provided by the Department and for this purpose a map is taken to be provided where the Department has published it on its website.".

" "electronic communication" has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001.".

    (3) After paragraph (2) there shall be inserted—

    " (3) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out—


(a) the expression "address" includes any number or address used for the purpose of such communications;

(b) references to notices, applications or other documents or to copies of such things include references to such documents or copies of them in electronic form.



    (4) Paragraphs (5) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any form, map, notice or other document to any other person ("the recipient").

    (5) The requirement shall be taken to be fulfilled where the form, map, notice or other document transmitted by means of electronic communication is—



(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.



    (6) In paragraph (5), "legible in all material respects" means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

    (7) Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose "working day" means a day which is not a Saturday, Sunday or a public holiday.

    (8) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (5).".

     2. After regulation 9 (trees in conservation areas - exemptions), there shall be inserted—

" Use of electronic communications
     9A. —(1) Paragraph (2) applies where a person uses electronic communications for any of the following purposes—


(a) making objections and representations under regulation 4;

(b) applying for consent to cut down, top, lop or uproot trees in accordance with paragraph 1 of the Second Schedule;

(c) serving notice of appeal on the Planning Appeals Commission against the refusal of consent or the granting of consent subject to conditions under paragraph 3 of the Second Schedule or serving notice of appeal in default of decision under paragraph 4 of that Schedule;

(d) serving a claim for compensation on the Department under paragraph 9 of the Second Schedule.



    (2) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the objection and representation, application, appeal or claim shall be taken to have agreed—



(a) to the use of electronic communications for all purposes relating to the objection and representation, application, appeal or claim (as the case may be) which are capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the objection and representation, application or claim;

(c) that the person's deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.



    (3) In this regulation "the Second Schedule" means the Second Schedule of the Schedule (form of tree preservation order).".