Paragraph: 071 Reference ID: 36-071-20140306. The law on Tree Preservation Orders is in Part VIII of the Town and Country Planning Act 1990 as amended and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 which came into force on 6 April 2012. Any request for the authority to use this power should be made in writing. 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. Your experience on this site will be improved by allowing cookies. The authority must keep available for public inspection a register of all section 211 notices. Further details are available in the Planning Inspectorates appeals guidance. Whichever appeal procedure is used, the Inspector will consider: Paragraph: 103 Reference ID: 36-103-20140306. Trees that have tree preservations orders (TPOs), or that are within conservation areas, are protected. 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. This means that the trees are protected to maintain the natural. Amenity is not defined in law, so authorities need to exercise judgment when deciding whether it is within their powers to make an Order. They do not apply to general activities that may be endangering protected trees. These should specifically address each of the applicants reasons for making the application. a copy of the Order (including the map); and. Flowchart 1 shows the process for confirming an Order. Paragraph: 151 Reference ID: 36-151-20140306. 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. Paragraph: 082 Reference ID: 36-082-20140306. Section 210 of the Town and Country Planning Act 1990 provides a clear structure for pursuing criminal enforcement action for unauthorised work. Paragraph: 067 Reference ID: 36-067-20140306. Paragraph: 107 Reference ID: 36-107-20140306. If you have a tree or group of trees protected by a tree preservation order, or you are within a conservation area and you wish to carry out any form of tree work, you must seek permission from the Council before starting. A Tree Preservation Order, or TPO, is usually made by a local planning authority (often the local council) to protect a specific tree or woodland from deliberate damage and destruction. In such cases authorities should bear in mind any unfinished matters relating to the old Order. In addition, the authoritys consent is not needed in certain specific circumstances where the Regulations are deemed to have no effect. Tree Preservation Orders (TPO) You must get permission for carrying out any work on a tree which is covered by a TPO. No claim can be made for loss or damage incurred before an application for consent to undertake work on a protected tree was made. The authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. Trees in a conservation area that are already protected by a Tree Preservation Order are subject to the normal procedures and controls for any tree covered by such an Order. For example, knowledge of the existence of the Tree Preservation Order in question is not required. Stirton with Thorlby Tree Preservation Orders. Anyone carrying out work to a tree, even under an exception, should ensure they do not contravene laws protecting wildlife. the defendant has carried out, caused or permitted this work. Paragraph: 059 Reference ID: 36-059-20140306. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. Flowchart 5 shows the decision-making process regarding notices for work to trees in a conservation area. reasonably foreseeable by that person; and. Paragraph: 015 Reference ID: 36-015-20140306. 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: 154 Reference ID: 36-154-20140306. The authority may wish to consult the Forestry Commission on the details of such a condition. Authorities are encouraged to make these registers available online. Flowchart 3 shows the decision-making process for applications for consent to undertake work on protected trees. TPOs prohibit felling and damage to trees without the written consent of the local planning authority. 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. The authority must keep a register of all applications for consent under an Order. For example, the Order is overridden if a tree has to be removed to make way for a new building for which full planning permission has been granted. Paragraph: 036 Reference ID: 36-036-20140306. Subject to specific provisions relating to forestry operations in protected woodland, any claimant who can establish that they have suffered loss or damage as a result of an authority either refusing consent or imposing conditions in respect of protected trees is entitled to claim compensation. Dont worry we wont send you spam or share your email address with anyone. uproot. So it follows that, while some trees may lack individual merit, all trees within a woodland that merits protection are protected and made subject to the same provisions and exemptions. be fair and reasonable in the circumstances of each case; be imposed only where there is a definite need for it; and. 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. Paragraph: 130 Reference ID: 36-130-20140306. The officer should also record other information that may be essential or helpful in the future. The local planning authority may also impose a condition requiring replacement planting when granting consent under an Order for the removal of trees. A guidance note on how to use the map can be downloaded from the Documents section on the right. The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. Paragraph: 052 Reference ID: 36-052-20140306. View Tree Preservation Orders (TPOs) There are about 500 Tree Preservation Orders (TPOs) in Herefordshire, covering approximately 743,000 individual trees. Unless there is an immediate risk of serious harm, anyone proposing to carry out work on a tree in a conservation area on the grounds that it is dead must give the authority 5 days notice before carrying out the proposed work. This notice period gives the authority an opportunity to consider whether to make an Order on the tree. Enter a postcode or part of an address to locate a site. 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. Replacement trees should be of an appropriate size and species and planted at the same place as soon as the owner of the land can reasonably do this. Paragraph: 007 Reference ID: 36-007-20140306. Their purpose is to protect trees for the public to enjoy. 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 validity of the Secretary of States appeal decision can only be challenged through an application to the High Court. The legislation provides no right of appeal to the Secretary of State against an authority either making or confirming an Order. A TPO gives legal protection to an individual tree, group of trees, area or woodland. Paragraph: 116 Reference ID: 36-116-20140306. * map location should not be relied on for accuracy. This site notice must: Before reaching its decision the authority must take into account any representations made by the date given in the site notice; and it must give notice of its decision to all people who made representations. A Tree Preservation Order (TPO) is an order made to protect a tree, or group of trees, or a woodland, in a particular area. Regulation 3 requires that a TPO must define the position of the trees to which it relates by means of a map. Paragraph: 090 Reference ID: 36-090-20140306. This is because the purpose of the Order is to safeguard the woodland as a whole, which depends on regeneration or new planting. Paragraph: 126 Reference ID: 36-126-20140306. See section 214D(3) of the Town and Country Planning Act 1990. If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament. Paragraph: 030 Reference ID: 36-030-20140306. Flowchart 1 shows the process for making an Order. give its reasons for each condition imposed; explain the applicants right to compensation for, how to carry out work in accordance with good practice, where to get independent specialist advice, the information available when the local planning authority made its original decision on the application for consent, the authoritys decision and supporting information in that decision. The authority must be clear about what work it will allow and any associated conditions. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. In order to view the map please accept the following disclaimer. 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. You can check to see if a property or area of land has a Tree Preservation Order on it, or if it is located within a Conservation Area, by looking at the council website or by contacting the local council (usually the planning department). A general description of genera should be sufficient for areas of trees or woodlands. Under section 206 of the Town and Country Planning Act 1990 landowners have a duty to replace a tree removed, uprooted or destroyed in contravention of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. Failure to comply with a tree replacement notice is not an offence. Authorities can either initiate this process themselves or in response to a request made by any other party. Nevertheless, the authority should ensure that a valid Order exists, that the tree in question was clearly protected by it and that it has carried out its statutory functions properly and complied with all procedural requirements. 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. The authority should consider varying the Order or making a new one to protect any replacement trees planted in a location not identified in the original Order. The Variation Order is located in Lakeside in the ward of Cyncoed. If trees merit protection in their own right, authorities should specify them as individual trees in the Order. The same duty applies if a tree in a conservation area is removed because it is dead or presents an immediate risk of serious harm. Paragraph: 028 Reference ID: 36-028-20140306. In either case it should promptly inform the person who gave the notice. Section 206(3) of the Town and Country Planning Act 1990 restricts the landowners duty to replace trees subject to the woodland classification to those removed, uprooted or destroyed in contravention of the Order. These are similar to those for making and confirming a new Order. 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. It should state: Paragraph: 159 Reference ID: 36-159-20140306. You can view information relating to a specific TPO by clicking on the areas or trees marked. If you plan to carry out work to a protected tree/hedge you must submit an application form. 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