Authorities can revoke an Order and at the same time make a new Order or new Orders to take its place. Authorities and claimants are encouraged to try to reach an agreement. Prosecutors should ensure that evidence at trial is restricted only to establishing the elements of the offence. 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. Paragraph: 019 Reference ID: 36-019-20140306. information on any people with a legal interest in the land affected by the Order (further guidance can be found in, the trees or trees importance as a wildlife habitat; and/or. A Tree Preservation Order (TPO) is put in place to preserve single or groups of trees which are acknowledged amenity value. on land in which the county council holds an interest. 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. These appeals are handled by the Planning Inspectorate on the Secretary of States behalf. Paragraph: 057 Reference ID: 36-057-20140306. 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. But the authority and landowner may agree on planting, for example, one tree of a different species or two trees of a smaller species to replace one of a large species. Protected and Dangerous Trees. In these areas the county council may only make an Order: Paragraph: 006 Reference ID: 36-006-20140306. Flowchart 3 shows the process for applications to carry out work to protected trees. An Order can be used to protect individual trees, trees within an area, groups of trees or whole woodlands. Before it accepts an application the authority should check that the trees are in fact subject to an Order currently in force and verify that the application is both valid and complete. When considering whether trees should be protected by an Order, authorities are advised to develop ways of assessing the amenity value of trees in a structured and consistent way, taking into account the following criteria: The extent to which the trees or woodlands can be seen by the public will inform the authoritys assessment of whether the impact on the local environment is significant. The authority may wish to provide information to help them resubmit an appropriate notice. This duty applies when an authority discharges its enforcement powers, including rights of entry, gathering samples from trees or of soil and taking statements. 1.2 All of the Orders were served in October and November 2012 and will Paragraph: 061 Reference ID: 36-061-20140306. 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. Further guidance can be found at paragraph 148. If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament. Find out more about Mid Sussex District Council news by visiting our Newsroom. The authoritys consent is not required in certain circumstances for work carried out by, or at the request of, those statutory undertakers listed in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. In addition, the authority must make available a copy of the Order at its offices. it is not necessary to carry out works on protected trees in order to implement a full planning permission. Paragraph: 162 Reference ID: 36-162-20140306. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. 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. The authority could, however, grant consent for less work than that applied for. Paragraph: 155 Reference ID: 36-155-20140306. Anyone carrying out work to a tree, even under an exception, should ensure they do not contravene laws protecting wildlife. 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. For policy inquiries telephone 029 2082 3883, or write to: Decisions Branch, Planning Division, . It is important that trees are inspected regularly and necessary maintenance carried out to make sure they remain safe and healthy. Paragraph: 015 Reference ID: 36-015-20140306. 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. 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. For example, changes in property ownership and intentions to fell trees are not always known in advance, so it may sometimes be appropriate to proactively make Orders as a precaution. 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. 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. Only one section 211 notice is needed to carry out a number of different operations on the same tree or to carry out work on a number of trees. Paragraph: 031 Reference ID: 36-031-20140306. Paragraph: 114 Reference ID: 36-114-20140306. Paragraph: 130 Reference ID: 36-130-20140306. Follow us on Facebook, Twitter for all the latest Council news. The applicant may submit the completed application form and accompanying documents to the authority by post, hand or electronic means fax, email or online through the Planning Portal. It can also consider displaying site notices. Applicants, agents and authorities must have regard to statutory obligations concerning protected species. trees standing when the Order was made have been removed (lawfully or otherwise); trees, for whatever reason, no longer merit protection by an Order; new trees meriting protection by an Order have been planted; the map included in the original Order is now unreliable; the Order includes classifications that no longer provide appropriate or effective tree protection; or. Paragraph: 016 Reference ID: 36-016-20140306. 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. Paragraph: 147 Reference ID: 36-147-20140306. Paragraph: 143 Reference ID: 36-143-20140306. trees which are not to be included in the Order. lop. If you plan to carry out work to a protected tree/hedge you must submit an application form. You can find out whether a tree is covered by a TPO online: Tree. A copy of the Order itself can be viewed on the Council's web site, on the. * map location should not be relied on for accuracy. 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. Section 206(2) of the Town and Country Planning Act 1990 gives the authority power to dispense with the duty to plant a replacement tree where the landowner makes an application. Dataset provides details of the location and description of Tree Preservation Orders (TPO) covering specified individual trees or areas.TPOs protect specific trees or a particular area, group. Flowchart 2 shows the process for revoking Orders. Click on the map to find out more about specific tree preservation order. Paragraph: 068 Reference ID: 36-068-20140306. Attach a sketch plan of your property showing . 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. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. The appellant may withdraw their appeal at any time. A potential applicant or their agent may wish to first discuss the proposal informally with the authority. Trees that have tree preservations orders (TPOs), or that are within conservation areas, are protected. This act . Flowchart 3 shows the decision-making process for applications for consent to undertake work on protected trees. Where work is carried out on a regular basis, the local authority and the appropriate authority of the Crown should consider following the guidance at paragraph 126. Authorities can either initiate this process themselves or in response to a request made by any other party. Paragraph: 128 Reference ID: 36-128-20140306. However, proceedings cannot commence more than 3 years after the date the offence was committed. Paragraph: 135 Reference ID: 36-135-20140306. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. 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. Safety has priority, but safety considerations may not necessitate removal of all dead branches on living trees or the whole of a dead tree. A Tree Preservation Order is made by the council, giving legal protection to trees or woodland. Flowchart 1 shows the process for confirming an Order. If you see work being carried out on a preserved tree or a tree in a conservation area please contact the Department for Place on 01702 215004 so that a check can be made as to whether permission has been granted. 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. Regulation 3 requires that a TPO must define the position of the trees to which it relates by means of a map. People must be given the opportunity to object to, or comment on, a new Tree Preservation Order. Before carrying out work they believe is exempt, they may wish to obtain advice from a qualified arboriculturist and/or confirmation from the authority of what is and what is not required. Paragraph: 164 Reference ID: 36-164-20140306. 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. 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 sameapplication for tree works subject to a TPO (179kb PDF)External link opens in a new window. We use some essential cookies to make this website work. However, if the amenity value is lower and the impact is likely to be negligible, it may be appropriate to grant consent even if the authority believes there is no particular arboricultural need for the work. Prosecutions cannot require remedial works to the tree but will, where appropriate, both punish offenders and deter potential offenders. Tree Preservation Order (TPO) Map. Paragraph: 126 Reference ID: 36-126-20140306. Paragraph: 139 Reference ID: 36-139-20140306. It must clearly indicate modifications on the Order, for example by using distinctive type. Public visibility alone will not be sufficient to warrant an Order. Tree Preservation Orders in CCBC. Authorities can only confirm an Order within a 6 month period beginning with the date on which the Order was made. Any request for the authority to use this power should be made in writing. Replacement trees planted under a condition rather than because of an obligation under section 206 of the Town and Country Planning Act 1990 are not automatically protected by the original Order. Further guidance can be found in paragraph 37 and paragraph 38. If the authority decides an application is invalid the applicant may have the right of appeal. Authorities considering making an Order on or near civil or military aerodromes are advised to consult the owner or operator, or the Ministry of Defence. 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. It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. 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: 089 Reference ID: 36-089-20140306. . It is important that the applicant provides the authority with any additional required information at the same time as the form. Early discussion will give the authority a chance to: Where there has been no pre-application discussion the applicant may, after discussion with the authority, still modify the application in writing or withdraw it and submit a new one. on or near the land on which the trees stood, or on such other land as may be agreed between the local planning authority and the landowner, and, in such places as may be designated by the authority. In addition, the authority may have to decide an application by a landowner asking it to dispense with the tree replacement duty. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Paragraph: 041 Reference ID: 36-041-20140306. If it is not done following the correct preservation standards and guidelines, it can cause further implications which cause the tree to re-grow. 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. do nothing but only if justified by the particular circumstances; consider the option of issuing an informal warning to impress on the tree owner or others suspected of unauthorised works that such work may lead to prosecution; the tree was protected by an Order at the relevant time, or was in a conservation area; an action which is an offence under section 210 of the Town and Country Planning Act 1990 has been carried out; and. Section 192 of the Planning Act 2008 made further amendments to the 1990 Act which allowed for the transfer of provisions from within existing Tree Preservation Orders to regulations. The duty attaches to subsequent owners of the land. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. This means that the trees are protected to maintain the natural. The authority can decide to confirm an Order in relation to some, but not all, of the trees originally specified in the Order it made. Wilful damage carries . Special considerations apply in some of these circumstances. This usually applies to trees on private land but we occasionally protect trees on our land. give advice on presenting an application. reasonably foreseeable by that person; and. be accompanied by a plan which clearly identifies the tree or trees on which work is proposed; be accompanied by such information as is necessary to clearly specify the work for which consent is sought; state the reasons for making the application; and. Paragraph: 082 Reference ID: 36-082-20140306. Subject to provisions relating to forestry operations in protected woodland, an authority may be liable to pay compensation for loss or damage caused or incurred in consequence of it: Paragraph: 108 Reference ID: 36-108-20140306. 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. Tree protection Tree Preservation Orders (TPO) apply to specific trees and woodlands in Cardiff to help protect them. identify the trees and clearly set out the proposed work and the authoritys reasons for the application; include an address where a copy of the application can be inspected; include an address to which any comments about the application should be sent; and. Paragraph: 151 Reference ID: 36-151-20140306. It should explain why the authority is exercising the duty and what the landowner must do to comply with it. Paragraph: 091 Reference ID: 36-091-20140306. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. The authoritys main consideration should be the amenity value of the tree. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. If a tree is removed unprofessionally and illegally it can cause issues, a common issue we see if that the roots have been left in and then it has started growing again. View Tree Preservation Orders. The TPOs are located in St Mellons (in Trowbridge ward) and Riverside. 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. Our tree information includes: Trees in Development. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. You can find out more about tree preservation orders in the following: Town and Country Planning Act 1990 (in particular sections 197-214 as amended) The Planning and Compensation Act 1991 . 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. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. Paragraph: 020 Reference ID: 36-020-20140306. If you'd like to know more about the range of services our specialist tree surgeons closest to you are able to provide, we recommend that you contact our team today! 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. They should consider first discussing their ideas with an arboriculturist or the authoritys tree officer. Paragraph: 021 Reference ID: 36-021-20140306. 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: 037 Reference ID: 36-037-20140306. This may include: Paragraph: 022 Reference ID: 36-022-20140306. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. Paragraph: 064 Reference ID: 36-064-20140306. Local planning authorities may make Orders in relation to land that they own. Flowchart 4 shows the decision-making process regarding compensation. They should be notified of the: If the authority has confirmed the Order with modifications, then it should serve a copy of the Order as confirmed. 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. If the authority did not visit the site before the application was made then an officer should do so at this stage. Paragraph: 166 Reference ID: 36-166-20140306. It can also consider some form of publicity. 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. 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. 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. Paragraph: 105 Reference ID: 36-105-20140306. The authority must notify the occupier at least 24 hours before entering a dwelling or occupied land. For the purposes of the Act, a person does not have to obliterate a tree in order to destroy it. The Orders effect will stop on the date of its decision, which must be recorded on the Order. Authorities must not consider applications that do not meet the applicable procedural requirements. One consideration would be to look at what is likely to happen, such as injury to a passing pedestrian. Please use the map linked below to find out if your tree is protected by a Tree Preservation Order (TPO) or located in a conservation area. We can advise you based on the following fees: 1st hour - 125.00 (+ VAT) Subsequent charge per hour - 75.00 (+ VAT) The local planning authority should consider including in the notice: Paragraph: 160 Reference ID: 36-160-20140306. 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