In addition, authorities are encouraged to resurvey existing Orders which include the area category. It should take this factor into account alongside other key considerations, such as the amenity value of the tree and the justification for the proposed works, before reaching its final decision. Paragraph: 134 Reference ID: 36-134-20140306. Credit: Chris . Generally, the decision is to be taken by a committee or officer of the authority other than the one with responsibilities for management of the land in question. Click on the map to find out more about specific tree preservation order. Paragraph: 010 Reference ID: 36-010-20140306. When the authority has decided to confirm an Order it should, as soon as practicable, notify all people previously served with the made Order. Tree and Hedges 3B Eagle Wing Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN e-mail: treeandhedgeappeals@planninginspectorate.gov.uk Telephone: 0303 444 5000 When submitting an. So authorities are advised to keep their Orders under review. We use some essential cookies to make this website work. If consent is given, it can be subject to conditions which have to be followed. A Tree Preservation Order (TPO) is an order made by the local planning authority which, in general, makes it an offence to cut down, top, lop, uproot, wilfully damage or destroy a tree without the authority's permission. The Order must be set out using the standard form of Order in the Schedule to the Town and Country Planning (Tree Preservation) (England) Regulations 2012 (or in a form substantially to the same effect). errors in the Orders Schedule or map have come to light. Anyone found guilty in the magistrates court of an offence under section 210(4) is liable to a fine of up to Level 4 (currently 2,500). It is in offence to cause or permit prohibited tree work. If it does not make such a condition it cannot serve a tree replacement notice requiring replacement. Paragraph: 018 Reference ID: 36-018-20140306. Paragraph: 017 Reference ID: 36-017-20140306. Paragraph: 044 Reference ID: 36-044-20140306. But, where an alleged action falls short of the definition in section 210 of the Town and Country Planning Act 1990, section 1(1) of the Criminal Attempts Act 1981 may provide an alternative route in some cases where unauthorised work has been attempted. The work may go ahead before the end of the 6 week period if the local planning authority gives consent. Public visibility alone will not be sufficient to warrant an Order. The Order must also include, or have annexed to it, a map giving a clear indication of the position of the protected trees, groups of trees or woodlands. The guidance notes for the standard application form list the requirements. An authority is only liable to pay compensation in certain circumstances and there are strict criteria and limitations. Tree Preservation Orders are not granted to protect ecological value but if there is a special amenity value present. Nor is a section 211 notice required for: Paragraph: 132 Reference ID: 36-132-20140306. You may be trying to access this site from a secured browser on the server. Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area (if that tree is not already protected by an Order), or causes or permits such work, without giving a section 211 notice (or otherwise contravenes section 211 of the Town and Country Planning Act 1990) is guilty of an offence, unless an exception applies. The Tree Preservation Order and conservation area data shown, whilst based upon the registers, is not the legal document and is supplied for information purposes only. Also, a person can apply to carry out work on a neighbours protected tree. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. an existing forestry dedication covenant; a grant scheme or loan administered by the Forestry Commission; and/or. Unless work is urgently necessary because there is an immediate risk of serious harm, 5 working days prior written notice must be given to the authority before cutting down or carrying out other work on a dead tree. Appeals against an authoritys decision to refuse consent can be made to the Secretary of State. Section 210 of the Town and Country Planning Act 1990 provides a clear structure for pursuing criminal enforcement action for unauthorised work. Sections 214B, 214C and 214D of the Town and Country Planning Act 1990 set out provisions relating to rights of entry in respect of protected trees. A tree preservation order (TPO) is an order made by the council for trees and woodlands to stop the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of protected trees or woodlands. Paragraph: 097 Reference ID: 36-097-20140306. Paragraph: 148 Reference ID: 36-148-20140306. Paragraph: 106 Reference ID: 36-106-20140306. Tree Preservation Orders can help protect woods and trees. A tree preservation order (TPO) is a written order which makes it an offence to cut down, top, lop, uproot, wilfully damage, or destroy a tree protected by the order without our permission. Paragraph: 155 Reference ID: 36-155-20140306. Also, the local planning authority may impose a condition requiring replacement planting when granting consent under a Tree Preservation Order for the removal of trees. future potential as an amenity. Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. Map of Tree Preservation Orders and conservation areas The map below shows the location of Trees covered by conservation areas or Tree Preservation Order (TPO) within North Kesteven.. If youd like an email alert when changes are made to planning guidance please subscribe. If it has not received all the relevant documents and information the authority should declare the application invalid, decline to determine it and inform the applicant of their decision. The local planning authority should consider including in the notice: Paragraph: 160 Reference ID: 36-160-20140306. Paragraph: 121 Reference ID: 36-121-20140306. This would not normally include shrubs, but could include, for example, trees in a hedge or an old hedge which has become a line of trees of a reasonable height. Paragraph: 154 Reference ID: 36-154-20140306. The persons interested in the land affected by the Order are every owner and occupier of the land on which the protected trees stand and every other person the authority knows is entitled to carry out certain works to any of those trees or in relation to the affected land. Authorities can also consider other sources of risks to trees with significant amenity value. Paragraph: 095 Reference ID: 36-095-20140306. See guidance on tree size in conservation areas. Another example is government authorities requiring the destruction of particular trees to tackle a serious plant disease. Paragraph: 059 Reference ID: 36-059-20140306. A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. However, the authority may decide to set a different time limit with a condition in the consent. Tree Preservation Orders(TPO) apply to specific trees and woodlands in Cardiff to help protect them. Paragraph: 062 Reference ID: 36-062-20140306. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. Paragraph: 116 Reference ID: 36-116-20140306. In such cases, compensation is not payable for any: Paragraph: 110 Reference ID: 36-110-20140306. A plan is not mandatory but can be helpful. The authority may wish to attach to its decision notice advice and information (sometimes known as an informative) relating to the decision. Trees in conservation areas that are more than 7.5cm in diameter at 1.5 metres above the ground have protection, as if they have a TPO. the defendant has carried out, caused or permitted this work. The authority is advised to refer a section 211 notice containing insufficient or unclear information back to the person who submitted it. Negotiation may enable the authority to ensure that remedial works to repair, or reduce the impact of, unauthorised works to a protected tree are carried out. a tree without the LPA's permission. Paragraph: 091 Reference ID: 36-091-20140306. Under section 209(6) of the Town and Country Planning Act 1990 anyone who wilfully obstructs a person acting in the exercise of the local planning authoritys power to enter land and plant replacement trees is guilty of an offence. Paragraph: 008 Reference ID: 36-008-20140306. It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. This is because the purpose of the Order is to safeguard the woodland as a whole, which depends on regeneration or new planting. See the Planning Inspectorates detailed guidance on making an appeal and the associated form. Once a TPO is served, the tree does not become the responsibility of the Council. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. Paragraph: 113 Reference ID: 36-113-20140306. Flowchart 4 shows the decision-making process regarding compensation. The authority may issue a decision more than 8 weeks after it receives an application, but cannot decide the application once an appeal has been made and remains outstanding. It is important that the applicant provides the authority with any additional required information at the same time as the form. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. If you've got a good enough reason, then the chance for the removal should be high but it does depend on a range of conservation factors and they have to make sure the environment won't suffer. The authority could, however, grant consent for less work than that applied for. the amenity value of the tree or trees in question, how that amenity value would be affected by the proposed work, granting a consent subject to conditions; or, refusing any consent, agreement or approval required under a condition, within 12 months of the date of the authoritys decision; or. It should explain why the authority is exercising the duty and what the landowner must do to comply with it. In certain circumstances, compensation may be payable by the local planning authority for loss or damage which results from the authority refusing consent or granting consent with conditions. Your experience on this site will be improved by allowing cookies. Paragraph: 135 Reference ID: 36-135-20140306. In addition, a confirmed Order should be recorded promptly in the local land charges register as a charge on the land on which the trees are standing. Authorities must use the procedures set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 to vary or revoke any of their Orders. Amenity is not defined in law, so authorities need to exercise judgment when deciding whether it is within their powers to make an Order. Unless stated, this process applies to trees subject to a Tree Preservation Order and to trees in a conservation area that are not subject to an Order. In addition, where a neighbour submits an application, the authority should make sure the owner or occupier of the land on which the tree stands is informed and given a chance to comment. This is particularly important where the authority grants consent for some of the operations in an application and refuses consent for others. When applying for consent to remove trees, applicants should include their proposals for replacement planting. Where a Tree Preservation Order may be justified, the officer should gather sufficient information to enable an accurate Order to be drawn up. Authorities are encouraged to make their registers available online. Section 207 of the Town and Country Planning Act 1990 gives local planning authorities the powers to enforce an unfulfilled duty under section 206 to replace trees or woodlands by serving on the landowner a tree replacement notice. Trees and hedges in private gardens, parks and other open spaces, or lining the sides of our streets, railways, rivers and canals are of great importance to people, particularly in residential areas. Trees in churchyards may be protected by an Order. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. The authority can enforce tree replacement by serving a tree replacement notice. In order to view the map please accept the following disclaimer. Where an application relates to trees in a conservation area the authority must pay special attention to the desirability of preserving or enhancing the character or appearance of that area. If you fill in the enquiry form with all of your details and this service which you require, this would be great and our professionals will get back to you quickly. A Tree Preservation Order (TPO) is an order made by the local planning authority which makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree. Unlike a replacement tree planted under a condition, a replacement tree planted because of the duty under section 206 is automatically protected by the original Order. The map associated with each TPO is a historical document, it . Where a number of trees or operations are involved, it should make clear what work is proposed to which tree. TPOs can be viewed on the Tree Preservation Order Map. It is, however, important to gather enough information to be able to accurately map their boundaries. It may be helpful to seek expert arboricultural and ecological advice. You can find out whether a tree is protected by a TPO or is within a Conservation Area on our Interactive Map. The requirements an authority must meet when varying an Order will depend on whether or not additional trees will be protected. Authorities may authorise in writing their officers to enter land at a reasonable hour to ascertain whether an offence under section 210 or 211 has been committed if there are reasonable grounds for entering for this purpose. Paragraph: 078 Reference ID: 36-078-20140306. Flowchart 1 shows the process for confirming an Order. Paragraph: 048 Reference ID: 36-048-20140306, Flowchart 2 shows the decision-making process for varying or revoking Orders, Paragraph: 049 Reference ID: 36-049-20140306. There are over 300 Tree Preservation Orders designated in the borough . give advice on presenting an application. Following consideration of any objections and comments the authorities can decide whether or not to confirm the Order. Paragraph: 165 Reference ID: 36-165-20140306. Paragraph: 079 Reference ID: 36-079-20140306. 1.2 All of the Orders were served in October and November 2012 and will Paragraph: 137 Reference ID: 36-137-20140306. under tree preservation orders which were made after 2 August 1999. Attach a sketch plan of your property showing . Part of: Planning guidance for the public First published: 15 November 2013 When you know of a conservation order on trees and are unsure why it is there, then you could ask your local council. The form is available from the Planning Portal or the authority. The Planning Inspectorate deals with most appeals through a written representations appeal procedure. But the plan must identify clearly the tree or trees in question and, where appropriate, should identify main features of property affected by the application. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. This duty also applies under section 206 if a tree (except a tree protected as part of a woodland) is removed, uprooted or destroyed because it is dead or presents an immediate risk of serious harm. Tree Preservation Orders falling within parishes of Stirton and Thorlby parish (outside the Yorkshire Dales National Park) More on Stirton with Thorlby Tree Preservation Orders. However, the authoritys consent is required for work on trees subject to an Order if: The authoritys consent is also required, for example, for work on trees protected by an Order that is necessary to implement permitted development rights under the Town and Country Planning (General Permitted Development) Order 2015. If a tree is covered by a TPO OR is in . Tree Preservation Orders Conservation areas (trees within a conservation area are protected) Trees protected by a planning permission condition To use: Enter a postcode or part of an address. Paragraph: 012 Reference ID: 36-012-20140306. Paragraph: 126 Reference ID: 36-126-20140306. After deciding not to confirm an Order the authority must still record this decision on endorsing the Order. It may not be necessary (or practical) for the replacement tree to be planted in the exact position of the original tree. Paragraph: 115 Reference ID: 36-115-20140306. Paragraph: 075 Reference ID: 36-075-20140306. Find out more about Mid Sussex District Council news by visiting our Newsroom. The authority must ensure that applications clearly specify the proposed works and their timing or frequency. The validity of an Order cannot be challenged in any legal proceedings except by way of application to the High Court on a point of law. Paragraph: 019 Reference ID: 36-019-20140306. Trees in a conservation area that are not covered by a TPO are protected in law - section 211 of the Town and Country Planning Act 1990. It is sufficient to find that, by virtue of the state of a tree, its size, its position and such effect as any of those factors have, the tree presents an immediate risk of serious harm that must be dealt with urgently. Authorities must not consider applications that do not meet the applicable procedural requirements. An Order can be used to protect individual trees, trees within an area, groups of trees or whole woodlands. Local planning authorities have powers to vary (change) or revoke (cancel) their Orders. However, some trees in conservation areas also have a. In addition, trees and saplings which grow naturally or are planted within the woodland area after the Order is made are also protected by the Order. The authority is advised to also assess the particular importance of an individual tree, of groups of trees or of woodlands by reference to its or their characteristics including: Where relevant to an assessment of the amenity value of trees or woodlands, authorities may consider taking into account other factors, such as importance to nature conservation or response to climate change. To enter Crown land the authority must first get consent from the relevant Crown body, which may impose conditions. Before making an Order a local planning authority officer should visit the site of the tree or trees in question and consider whether or not an Order is justified. However the authority can consider publicising a section 211 notice in order to seek the views of local residents, groups or authorities, particularly where there is likely to be public interest. contribution to, and relationship with, the landscape; and. Flowchart 1 shows the process for making and confirming a Tree Preservation Order. The local authority must, as soon as practicable after making an Order and before it is confirmed, serve persons interested in the land affected by the Order: The authority must also be able to prove that it has done this in one of a number of different ways. require further approvals to be obtained from the person giving the consent; regulate the standard of the authorised work; allow repeated operations to be carried out (works may be carried out only once unless a condition specifies otherwise); and/or, impose a time limit on the duration of consent other than the. endorse the variation Order, recording its decision not to confirm the variation order, including the date of the decision; notify the people who were affected by the variation order of its decision; and. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. Where an authority grants consent for work in woodland that does not require a felling licence it may impose a condition to replant the land. It is not a charge on any other land. give a date by which representations have to be made. Authorities may either protect all trees within an area defined on the Orders map or only those species which it is expedient to protect in the interests of amenity. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Paragraph: 007 Reference ID: 36-007-20140306. External link opens in a new window, If the tree or woodland you want to work on is in a Conservation Area then you also need to apply for consent using the same, application for tree works subject to a TPO. Authorities can either initiate this process themselves or in response to a request made by any other party. The local planning authority has powers only to enforce the duty to plant one tree to replace one other. Paragraph: 085 Reference ID: 36-085-20140306. Anyone carrying out work to a tree, even under an exception, should ensure they do not contravene laws protecting wildlife. Phone: 01766 771000 and request a copy of . When an authority decides to refuse consent or grant consent subject to conditions its decision notice should clearly state what the decision is and the reasons for that decision. Paragraph: 086 Reference ID: 36-086-20140306. There are strict deadlines within which costs applications must be made. If you plan to carry out work to a protected tree/hedge you must submit an application form. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. Section 208 of the Town and Country Planning Act 1990, as amended, sets out provisions relating to appeals to the Secretary of State against tree replacement notices. The group category should be used to protect groups of trees where the individual category would not be appropriate and the groups overall impact and quality merits protection. When a TPO is in place, it is normally. The standard form of Order shows what information is required. A tree replacement notice should make clear whether it relates to non-compliance with a condition or to a duty under section 206 or 213 of the Town and Country Planning Act 1990. The authority must notify the occupier at least 24 hours before entering a dwelling or occupied land. Paragraph: 147 Reference ID: 36-147-20140306. This need not be limited to that brought about by disease or damage to the tree. If any specified time limit expires, and the tree owner wishes to carry out a prohibited activity in respect of protected tree, a further application for consent has to be made. If trees merit protection in their own right, authorities should specify them as individual trees in the Order. Paragraph: 153 Reference ID: 36-153-20140306. In these cases the authority should satisfy itself that the proposed works are appropriate for this type of consent and that the relevant evidence supports this. The appellant may withdraw their appeal at any time. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. In these areas the county council may only make an Order: Paragraph: 006 Reference ID: 36-006-20140306. TPO's are usually made to preserve trees with landscape and amenity value under the following. The removal of countryside hedgerows is regulated under different legislation. To use the map: go to 'address search' at the top of the map page and type in the post code or road name of the tree click on the 3 horizontal lines in the top left to access the menu click. Flowchart 6 shows the decision-making process regarding offences. The 1963 Local Government (Planning and Development) Act, section 45 provided for the making of tree preservation orders by the planning authority where it is considered desirable to preserve trees on amenity grounds. Authorities are advised to consult Historic England before making Orders on trees within or close to a scheduled monument. Any request for such a dispensation should be put to the authority in writing. Paragraph: 028 Reference ID: 36-028-20140306. The trees, or at least part of them, should normally be visible from a public place, such as a road or footpath, or accessible by the public. The authority may wish to provide information to help them resubmit an appropriate notice. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. The local planning authority is not required to obtain the prior consent of the appropriate authority before serving a tree replacement notice on a Crown body. The layer, CCBC_UA, Conservation_Area, TPO Groups, Areas, Woodlands, TPO Trees, cannot be added to the map. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. These exceptions include certain work: Paragraph: 060 Reference ID: 36-060-20140306. Paragraph: 139 Reference ID: 36-139-20140306. The authority may enforce this duty by serving a tree replacement notice. A TPO on trees or tree protection order is a written document order normally created by the local council to protect the trees in a certain environment. Subject to provisions relating to forestry operations in protected woodland, a claim for compensation must be for not less than 500 and made to the authority either: Paragraph: 109 Reference ID: 20-109-20140306. Anyone wanting to cut down, top, lop or uproot trees subject to an Order must first apply to the local planning authority for its consent unless the proposed work is exempt through an exception. This is also the case in respect of works done by or on behalf of a person under a working plan or plan of operations, approved by the Forestry Commission under: Paragraph: 014 Reference ID: 36-014-20140306. Paragraph: 066 Reference ID: 36-066-20140306. One example is work urgently necessary to remove an immediate risk of serious harm. These provisions require people to notify the local planning authority, using a section 211 notice, 6 weeks before carrying out certain work on such trees, unless an exception applies. If a tree in a conservation area is removed, uprooted or destroyed in contravention of section 211 of the Town and Country Planning Act 1990, the landowner has a duty to plant another tree of an appropriate size and species at the same place as soon as he or she reasonably can. withdraw from public inspection the copy of the variation order which was made available when it was first made. Paragraph: 002 Reference ID: 36-002-20140306. The authority is responsible for determining applications it makes to itself. Authorities should liaise with the Forestry Commission if they believe there has been a contravention of the felling licence provisions of the Forestry Act 1967. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. To avoid the need for repeated notices over a relatively short period of time, one notice may, where appropriate, be submitted for repeated operations, phased works or programmes of work. Further guidance can be found in paragraph 37 and paragraph 38. An Order prohibits the: of trees without the local planning authoritys written consent. Before authorities make or confirm an Order they should be able to show that protection would bring a reasonable degree of public benefit in the present or future. Paragraph: 092 Reference ID: 36-092-20140306. A Tree Preservation Order (TPO) is an order made to protect a tree, or group of trees, or a woodland, in a particular area. Tree Preservation Orders (TPO) These orders are made and managed by local authorities. top. A guidance note on how to use the map can be downloaded from the Documents section on the right. Unless stated, it also applies to work to trees in conservation areas that contravenes section 211 of the Town and Country Planning Act 1990. The Environment Agency does not need to obtain the authoritys consent before cutting down, topping, lopping or uprooting trees protected by an Order to enable it to carry out its permitted development rights. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010 make provision for the form of a TPO and the procedure to be followed when making and confirming a TPO. These statutory undertakers, or contractors working at their request, are advised to liaise with local authorities prior to carrying out work to trees protected by an Order. How to Remove a Tree Preservation Order guide the applicant generally about Tree Preservation Order procedures and the authoritys policies; and. To apply for a Tree Preservation Order please email trees@huntingdonshire.gov.uk and provide the following details: the location of the tree (or the nearest address), the reason for wanting us to make a TPO, the species of the tree and any history you may be able to provide. A section 211 notice does not need to be publicised. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. You can find out whether a tree is covered by a TPO online: Tree. The authority should use its power to impose conditions to ensure that tree work or planting is carried out in accordance with good arboricultural practice. Anyone can apply for consent under an Order. If an Order is made, in addition to fulfilling the usual statutory requirements, the authority should also provide a copy of the new Order to any agent who submitted the section 211 notice. Prior discussion with the applicant should help the authority to set a mutually acceptable condition that makes clear the number, size, species and location of the replacement trees and the period within which they are to be planted. When deciding what is necessary to prevent or abate a nuisance, tree owners and, where applicable, their neighbours and local authorities, should consider whether steps other than tree work might be taken. An authority may treat a planning application for development in a conservation area that includes specified tree work as a section 211 notice if the applicant has clearly stated that it should be considered as such. However, when you contact us using the enquiry form on our site, we can discuss the possible options and ways which we could apply to your council to remove the trees. explain that objections or representations about any of the trees, groups of trees or woodlands covered by the Order may be made to the authority in accordance with, specify a date (at least 28 days after the date of the notice) by which any, delivered to, or could reasonably expected to be delivered to, the authority not later than the date specified in the. the address of the land where the tree stands; sufficient information to identify the tree; the date of the authoritys decision date (if any); and, the cutting down, topping or lopping or uprooting of a tree whose diameter does not exceed 75 millimetres; or. A notice must include the date it is submitted. Paragraph: 143 Reference ID: 36-143-20140306. wilfully damage or destroy. Paragraph: 158 Reference ID: 36-158-20140306. Similarly, land drainage boards do not need to obtain consent before cutting down or carrying out certain works to trees protected by an Order. Paragraph: 047 Reference ID: 36-047-20140306. The applicant is not necessarily required to provide a formal scaled location or site plan. a notice (a Regulation 5 notice) containing specified information. A Tree Preservation Order is an order made by a Local Planning Authority (LPA). A section 211 notice does not have to be in any particular form. Paragraph: 029 Reference ID: 36-029-20140306. It is unlikely to be appropriate to use the woodland classification in gardens. A tree preservation order in Cardiff CF24 5 is fairly common nowadays because people have realised that one needs to be set in place to protect the environment and the wildlife. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. Trees can be protected either by a TPO or by being in a conservation area. 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