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. Where a tree is not covered by the woodland classification and is cut down because there is an urgent necessity to remove an immediate risk of serious harm, the landowner has a duty to plant a replacement tree of an appropriate size and species. It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. Paragraph: 083 Reference ID: 36-083-20150415, Revision date: 15 04 2015 See previous version. The Crown must give 6 weeks notice for works to trees in a conservation area, unless an exception applies or the local planning authority has given consent. TPO's are usually made to preserve trees with landscape and amenity value under the following. For example, an authority might have to take into account an unfulfilled condition or notice requiring a replacement tree, or an ongoing appeal. Paragraph: 029 Reference ID: 36-029-20140306. When determining applications for consent under an Order, the authority may: The authority must decide the application before it, so it should not issue a decision which substantively alters the work applied for. Following an application to a local planning authority for consent to cut down or carry out work on a tree subject to an Order, an applicant can appeal to the Secretary of State. 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. An Order prohibits. Paragraph: 031 Reference ID: 36-031-20140306. Paragraph: 003 Reference ID: 36-003-20140306. Flowchart 3 shows the process for applications to carry out work to protected trees. Submit a request for a tree preservation order To submit a request, email [email protected] and include: a photograph of the tree or trees a location plan clearly marking. If the danger is not immediate the tree does not come within the meaning of the exception. The authority is responsible for determining applications it makes to itself. Paragraph: 102 Reference ID: 36-102-20140306. 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. 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. It is important that the information on the form makes clear what the proposed work is and provides adequate information to support the case. Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary. Where such a tree requires urgent work to remove an immediate risk of serious harm, written notice is required as soon as practicable after the work becomes necessary. Whether or not they make an Order, authorities can consider encouraging landowners to bring their woodlands into proper management under the grant schemes run by the Forestry Commission. Paragraph: 096 Reference ID: 36-096-20140306. 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. Paragraph: 013 Reference ID: 36-013-20140306. Flowchart 3 shows the decision-making process for applications for consent to undertake work on protected trees. Paragraph: 098 Reference ID: 36-098-20140306. 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. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. It is important that trees are inspected regularly and necessary maintenance carried out to make sure they remain safe and healthy. Where plans are being prepared under the transitional arrangements set out in Annex 1 to the revised National Planning Policy Framework, the policies in the previous version of the framework published in 2012 will continue to apply, as will any previous guidance which has been superseded since the new framework was published in July 2018. Trees in Development is for those planning a new development or project. When applying for consent to remove trees, applicants should include their proposals for replacement planting. guide the applicant generally about Tree Preservation Order procedures and the authoritys policies; and. For example, anyone who lops a tree in contravention of an Order, but in a way that the tree is not likely to be destroyed, would be guilty of this offence. Failure to comply with a tree replacement notice is not an offence. 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. Where the Order includes the area classification, although the position of every tree will not be shown, the authority is advised to specify replanting as near as is reasonably practical to the original trees position. The authority may also serve a tree replacement notice to enforce any unfulfilled condition of consent granted under a Tree Preservation Order, or imposed by the Secretary of State on appeal, that requires tree replacement. This will help to maintain and enhance the amenity provided by protected trees. 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. Dont worry we wont send you spam or share your email address with anyone. 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. These factors alone would not warrant making an Order. 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. Paragraph: 127 Reference ID: 36-127-20140306. 15+ Years with Yell. Orders should be used to protect selected trees and woodlands if their removal would have a significant negative impact on the local environment and its enjoyment by the public. The officer should also record other information that may be essential or helpful in the future. Regulation 12 requires authorities to keep a register of all appeals under Orders they have made. However, if work is proposed to trees other than those immediately affected by a proposed development then a separate section 211 notice should be submitted. Tree Preservation Orders. Regulation 14 of the Town and Country Planning General Regulations 1992 applies sections 276 (power to sell materials removed during work), 289 (power to require occupiers to allow work to be carried out by the owner) and 294 (limit on liability of agents or trustees) of the Public Health Act 1936 to tree replacement notices. This register must be available for inspection by the public at all reasonable hours. A guidance note on how to use the map can be downloaded from the Documents section on the right. It will take only 2 minutes to fill in. See guidance on tree size in conservation areas. Paragraph: 008 Reference ID: 36-008-20140306. It must endorse the original Order with a statement that it has been varied and specifying the date on which the variation order takes effect. 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. The local planning authoritys power to enforce tree replacement is discretionary. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. If the authority has decided not to confirm an Order it should promptly notify all people previously served with the made Order and withdraw the publicly available copy. 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. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. Authorities may also refer to existing registers, recording trees of particular merit, to assist in their selection of trees suitable for inclusion in an Order. Authorities should consider how best to be in a position to respond to enquiries about whether particular trees in their area are protected. It is not a charge on any other land. In certain circumstances, third parties may be able to apply for costs. We also use cookies set by other sites to help us deliver content from their services. Where a Tree Preservation Order may be justified, the officer should gather sufficient information to enable an accurate Order to be drawn up. The authority should discuss the issue with the landowner and offer relevant advice. The standard form of Order includes a draft endorsement for variation. 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. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. A tree preservation order (TPO) is placed if the council decides that a tree has a high aesthetic value. People are not required to submit a section 211 notice to the local planning authority for: In either case, the diameter of the tree is to be measured over the bark of the tree at 1.5 metres above ground level. Our tree information includes: Trees in Development. 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. In such cases authorities should bear in mind any unfinished matters relating to the old Order. Authorities should aim to determine validity within 3 working days from the date of receipt. It may be helpful to seek expert arboricultural and ecological advice. Section 209 of the Town and Country Planning Act 1990 gives authorities powers to take action where a replacement tree has not been planted within the compliance period or within such extended period as the authority may allow. Tree cutting in Cardiff CF24 5 should be carried out by a professional tree surgeon or company, this is because there are many factors to be taken into account. When you know of a conservation order on trees and are unsure why it is there, then you could ask your local council. An exception may exempt landowners or their agents from the normal requirement to seek the local planning authoritys consent before carrying out work on trees subject to an Order. You may be trying to access this site from a secured browser on the server. 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. Also, a person can apply to carry out work on a neighbours protected tree. 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. When the authority has decided to confirm an Order it should, as soon as practicable, notify all people previously served with the made Order. Protected trees can be of any size or species. The authority can briefly explain whether or not it will be inviting comments on the application from local residents, authorities or groups, and whether it intends to visit the site. An authority is only liable to pay compensation in certain circumstances and there are strict criteria and limitations. 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. The exceptions allow removal of dead branches from a living tree without prior notice or consent. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. The local planning authority should also consider: If the authority decides not to take formal enforcement action it should be prepared to explain its reasons to anyone who would like to see action taken. However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. Paragraph: 162 Reference ID: 36-162-20140306. The guidance notes for the standard application form list the requirements. An Order can be used to protect individual trees, trees within an area, groups of trees or whole woodlands. Tree Preservation Orders (or TPOs) are placed upon trees that have been assessed and identified as having 'amenity value'. 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. For example, it is unlikely to be necessary to make an Order in respect of trees which are under good arboricultural or silvicultural management. Paragraph: 007 Reference ID: 36-007-20140306. Paragraph: 149 Reference ID: 36-149-20140306. The authoritys consent is not required for carrying out work on trees protected by an Order if that work is urgently necessary for national security purposes. Where an authority considers there has been a breach of planning control and immediate action is required to stop an activity endangering the amenity of the area, Section 171E of the Town and Country Planning Act 1990 enables the authority to issue a temporary stop notice. 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. The Order must specify the trees or woodlands as being within 4 categories (individual, area, group and woodland). any further information requested by the Inspector. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. 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. The maximum fine for the wilful destruction of a TPO or Conservation Area tree is 20,000 per tree. 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. The authority is responsible for enforcing all conditions in a consent, so its decision notice should clearly state the reasons for its conditions. 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