In addition, the authoritys consent is not needed in certain specific circumstances where the Regulations are deemed to have no effect. Paragraph: 030 Reference ID: 36-030-20140306. 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. 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.. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. Paragraph: 126 Reference ID: 36-126-20140306. Paragraph: 158 Reference ID: 36-158-20140306. If an authority receives notice of work under any exception it may decide to inform the notifier that it considers the exemption does not apply and, if necessary, seek injunctive relief in the crown courts. Paragraph: 104 Reference ID: 36-104-20140306. When the authority has decided to confirm an Order it should, as soon as practicable, notify all people previously served with the made Order. Conditions or information attached to the permission may clarify what work is exempt. 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. However, permission must be sought first.Works undertaken to a protected tree without consent can result in a fine. Where a company contravenes an Order, section 331 of the Town and Country Planning Act 1990 provides that a director, manager or secretary or other similar officer of the company is guilty of the offence if it can be proved it was committed with their consent or connivance, or was attributable to any neglect on their part. 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. This file may not be suitable for users of assistive technology. Where an exception applies the authoritys consent to carry out works is not needed, but notice of those works may need to be given to the authority. The duty transfers to the new owner if the land changes hands. Paragraph: 087 Reference ID: 36-087-20140306. Unless stated, it also applies to work to trees in conservation areas that contravenes section 211 of the Town and Country Planning Act 1990. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. A Tree Preservation Order is an order made by us to protect trees or woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public. 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: 106 Reference ID: 36-106-20140306. 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. See section 214D(3) of the Town and Country Planning Act 1990. Paragraph: 135 Reference ID: 36-135-20140306. be worded precisely, so the applicant is left in no doubt about its interpretation and the authority is satisfied it can be enforced. Paragraph: 025 Reference ID: 36-025-20140306. The local planning authority and the appellant normally meet their own expenses. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. TPOs can be viewed on the Tree Preservation Order Map. County councils can make Tree Preservation Orders but there are restrictions in areas where there is both a district planning authority and a county planning authority. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. In either case it should promptly inform the person who gave the notice. Flowchart 3 shows the process for applications to carry out work to protected trees. Paragraph: 133 Reference ID: 36-133-20140306. Local planning authorities may make Orders in relation to land that they own. We can advise you based on the following fees: 1st hour - 125.00 (+ VAT) Subsequent charge per hour - 75.00 (+ VAT) Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. The appellant or the authority may appeal to the High Court against the Secretary of States decision on an appeal against a tree replacement notice (see section 289(2) of the Town and Country Planning Act 1990) on a point of law. Please enable scripts and reload this page. Flowchart 1 shows the process for confirming an Order. Paragraph: 053 Reference ID: 36-053-20140306. Paragraph: 003 Reference ID: 36-003-20140306. Revision date: 06 03 2014. The authority can enforce tree replacement duties by serving a tree replacement notice. Only one application is needed to carry out a number of different activities on the same tree or to carry out activities on a number of trees. 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. This order makes it an offence to: cut down. A general description of genera should be sufficient for areas of trees or woodlands. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. 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. Local planning authorities are encouraged to liaise with the Forestry Commission when considering making a Tree Preservation Order on land in which the Forestry Commission has an interest. Paragraph: 054 Reference ID: 36-054-20140306. Paragraph: 130 Reference ID: 36-130-20140306. The requirements an authority must meet when varying an Order will depend on whether or not additional trees will be protected. Tree Preservation Orders (TPOs) are usually made when a tree is under threat. They may decide to vary or revoke Orders because, for example: Paragraph: 050 Reference ID: 36-050-20140306. A plan is not mandatory but can be helpful. 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. Paragraph: 001 Reference ID: 36-001-20140306. 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. where the trees are to be planted (including a plan showing their position); the period at the end of which the notice is to take effect (the period specified must be a period of not less than 28 days beginning with the date of service of the notice); a date by when the tree replacement notice should be complied with (the authority should consider what the landowner can reasonably do); that the landowner can appeal against the notice (further guidance can be found at, reference to the relevant Order or conservation area, further information about the landowners right of appeal against the notice, an explanation of what will happen if the landowner fails to comply with the notice, contact details of an authority officer who can deal with queries, expenses incurred for the purposes of complying with a tree replacement notice; or, sums paid to the authority for planting replacement trees themselves. It must also notify people interested in the land affected by the variation Order. They may also decide not to confirm the Order, which will stop its effect. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. This duty also applies if a tree outside woodland is removed because it is dead or presents an immediate risk of serious harm. It may be helpful to seek expert arboricultural and ecological advice. be fair and reasonable in the circumstances of each case; be imposed only where there is a definite need for it; and. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. To conserve biodiversity it can be good practice to retain dead wood on living trees and at least the lower trunk of dead ancient or veteran trees unless, for example, safety reasons justify removal. It can also consider displaying site notices. 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. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. 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 appellant may withdraw their appeal at any time. Paragraph: 008 Reference ID: 36-008-20140306. 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). Authorities can either initiate this process themselves or in response to a request made by any other party. A Tree Preservation Order (TPO) is a legally enforceable order used to protect trees, groups of trees and woodland that contribute to local amenity. To do so, submit online through the Planning Portal website. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. 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. Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. You can automatically zoom\ navigate to a location on the map by entering a full or partial address in the box below and then by selecting the address from the list. 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. 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 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. Paragraph: 121 Reference ID: 36-121-20140306. Paragraph: 127 Reference ID: 36-127-20140306. In order to carry out work on a tree which is protected by a Tree Preservation Order within Gwynedd (excluding Snowdonia National Park) you will need to submit an application: By post: Download the Application for tree works form and return it to the address at the bottom of the application form itself. The authority should clearly mark the application with the date of receipt. 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. 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. 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. Section 214A of the Town and Country Planning Act 1990 enables an authority to apply to the High Court or County Court for an injunction to restrain an actual or apprehended offence under section 210 (contravention of a Tree Preservation Order) or section 211 (prohibited work on trees in a conservation area). It is important that the information on the form makes clear what the proposed work is and provides adequate information to support the case. It's recommended you speak to a professional like a tree surgeon or arboricultural consultant. Arboricultural advice from competent contractors and consultants, or the authority, will help to inform tree owners of their responsibilities and options. Paragraph: 024 Reference ID: 36-024-20140306. Paragraph: 136 Reference ID: 36-136-20140306, Section 210(1) and section 202C(2) of the Town and Country Planning Act 1990 provide that anyone who, in contravention of a Tree Preservation Order. The layer, CCBC_UA, Conservation_Area, TPO Groups, Areas, Woodlands, TPO Trees, cannot be added to the map. A notice must include the date it is submitted. Tree preservation orders. 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. Normally, they are set in place because it's the habitat for wildlife and they need protecting. 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. Trees covered by TPOs must never be cut down or pruned unless permission is received from the council. Paragraph: 007 Reference ID: 36-007-20140306. This could include felling, lopping, topping, uprooting or otherwise wilful damage. Paragraph: 031 Reference ID: 36-031-20140306. Applicants must provide reasons for proposed work. When considering whether to prosecute, the authority should have regard to the Code for Crown Prosecutors and its own enforcement and prosecution policies. The duty on the owner of the land is to plant a replacement tree as soon as they reasonably can. Legislation limits the authoritys liability by setting out circumstances in which a claim cannot be made and circumstances in which compensation is not payable. 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. Paragraph: 019 Reference ID: 36-019-20140306. Stirton with Thorlby Tree Preservation Orders. any further information requested by the Inspector. Paragraph: 093 Reference ID: 36-093-20140306. The authority should discuss the issue with the landowner and offer relevant advice. A section 211 notice is not, and should not be treated as, an application for consent under an Order. 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. 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. However, some trees in conservation areas also have a. Carrying out unauthorised work on a protected tree is a criminal offence. A copy of the Order itself can be viewed on the Council's web site, on the. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. The authority should first investigate whether or not an allegation that a contravention has taken place, or is about to take place, is true. Paragraph: 029 Reference ID: 36-029-20140306. 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. 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. 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: 081 Reference ID: 36-081-20140306. Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. Paragraph: 071 Reference ID: 36-071-20140306. The authority may ask the applicant about their legal interest in the tree and consult the trees owner. These should specifically address each of the applicants reasons for making the application. 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. Flowchart 1 shows the process for making and confirming a Tree Preservation Order. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Paragraph: 079 Reference ID: 36-079-20140306. Paragraph: 047 Reference ID: 36-047-20140306. Where an authority decides not to confirm a variation order that adds trees it must: Paragraph: 055 Reference ID: 36-055-20140306. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. The authority should acknowledge receipt in writing, confirming the date on which the complete application was received and the date after which an appeal may be made against non-determination. 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