Tree owners, their agents and authorities should consider biodiversity. Trees can be protected either by a TPO or by being in a conservation area. If an authority identifies trees which it would have made subject to an Order but for the Forestry Commissions interest in the land, it may ask the Commission to let it know when that interest in the land is likely to cease. (179kb PDF), application for tree works subject to a TPO (179kb PDF), TheSupplementary Planning Guidance (SPG) Trees and Development (10.6mb PDF). These procedures may require close liaison between tree officers, enforcement officers and legal advisers. In the Secretary of States view, cutting roots is also a prohibited activity and requires the authoritys consent. Paragraph: 165 Reference ID: 36-165-20140306. View Tree Preservation Orders. The duty is to plant the same number of trees: Where the duty arises under section 206, those trees planted within the woodland specified in the Order will be automatically protected by the original Order. Paragraph: 027 Reference ID: 36-027-20140306. The removal of countryside hedgerows is regulated under different legislation. The authority may wish to consult the Forestry Commission on the details of such a condition. The form is available from the Planning Portal or the authority. Paragraph: 045 Reference ID: 36-045-20140306. If you use assistive technology (such as a screen reader) and need a Apply for a Tree Preservation Order or a Hedgerow Removal Notice To apply for a Tree Preservation Order or a Hedgerow Removal Notice we firstly recommend you to contact our. For significant changes that alter the nature of a proposal, for example where consent is sought for felling instead of pruning, the applicant should withdraw the original application and submit a new one. If the authority did not visit the site before the application was made then an officer should do so at this stage. For policy inquiries telephone 029 2082 3883, or write to: Decisions Branch, Planning Division, . Conservation areas (trees within a conservation area are protected), Trees protected by a planning permission condition. An authoritys tree strategy may identify localities or populations of trees as priorities for the making or reviewing of Orders. It means that if the certain trees protected by the order is cut down or removed, it's an offence. Tree Preservation Orders can help protect woods and trees. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the appropriate authority). It may: While bearing in mind the 6-week notice period, the authority should allow sufficient time for it to receive objections to the work. The local planning authoritys power to enforce tree replacement is discretionary. The authoritys consent for such work is not required. A tree preservation order (TPO) protects trees under the Town and Country Planning Act 1990. Paragraph: 041 Reference ID: 36-041-20140306. 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. 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. 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. Click on a tree symbol or hatched area on the map to find more information. Flowchart 3 shows the decision-making process for applications for consent to undertake work on protected trees. 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. Authorities can also consider other sources of risks to trees with significant amenity value. The authority must serve a copy of the variation Order on such people along with a statement explaining the effect of the variation. 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. The map associated with each TPO is a historical document, it . 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. However, permission must be sought first.Works undertaken to a protected tree without consent can result in a fine. where necessary in connection with the grant of planning permission, on land which is not wholly lying within the area of a single district council. Paragraph: 054 Reference ID: 36-054-20140306. The validity of the Secretary of States appeal decision can only be challenged through an application to the High Court. The authoritys consent is not required for cutting down, topping, lopping or uprooting a tree protected by an Order to enable the implementation of a highway order or scheme made or confirmed by the Secretary of State for Transport under Schedule 1 of the Highways Act 1980. But such an applicant is advised to first consult the trees owner and also notify them promptly after submitting their application. Paragraph: 131 Reference ID: 36-131-20140306. Paragraph: 130 Reference ID: 36-130-20140306. The authority may wish to provide information to help them resubmit an appropriate notice. * map location should not be relied on for accuracy. Paragraph: 019 Reference ID: 36-019-20140306. 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. However the authoritys liability is limited. These appeals are handled by the Planning Inspectorate on the Secretary of States behalf. The authority may ask the applicant about their legal interest in the tree and consult the trees owner. 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. 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. 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: 148 Reference ID: 36-148-20140306. Paragraph: 008 Reference ID: 36-008-20140306. Paragraph: 052 Reference ID: 36-052-20140306. Paragraph: 020 Reference ID: 36-020-20140306. Paragraph: 021 Reference ID: 36-021-20140306. wilfully damage or destroy. any further information requested by the Inspector. The local planning authority cannot require maintenance work to be done to a tree just because it is protected. This is because the purpose of the Order is to safeguard the woodland as a whole, which depends on regeneration or new planting. Trees in Development is for those planning a new development or project. The standard application form requires evidence that demonstrates that the tree is a material cause of the problem and that other factors have been eliminated as potential influences so far as possible. A Tree Preservation Order (TPO) is a special form of control for trees on private property. The authority can enforce tree replacement duties by serving a tree replacement notice. It should assess the quality of additional information submitted with an application form during the determination of the application. be worded precisely, so the applicant is left in no doubt about its interpretation and the authority is satisfied it can be enforced. 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. 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. Paragraph: 002 Reference ID: 36-002-20140306. The authority must keep a register of all applications for consent under an 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. 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. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. 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. The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. Paragraph: 113 Reference ID: 36-113-20140306. If it is done professionally, they will be able to make sure that a thorough job is completed to a high standard. Authorities are advised to consult Historic England before making Orders on trees within or close to a scheduled monument. If an authority wants to vary an Order to add new trees, it must follow procedures additional to those for varying an Order without adding trees. They protect individual trees, groups of trees or woods that are of particular value to local communities. A notice must include the date it is submitted. 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. Tree owners, their agents and contractors, statutory undertakers and other bodies should take care not to exceed an exception. By default, consent is valid for 2 years beginning with the date of its grant. 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. Also, in some cases, accidental destruction of a protected tree is not an offence. The Orders effect will stop on the date of its decision, which must be recorded on the Order. Paragraph: 135 Reference ID: 36-135-20140306. If in doubt they are advised to seek advice from the authority or Natural England on how to proceed. These are similar to those for making and confirming a new Order. Enter a postcode or part of an address to locate a site. reasonably foreseeable by that person; and. It is, however, important to gather enough information to be able to accurately map their boundaries. 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. 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. Paragraph: 074 Reference ID: 36-074-20140306. 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. 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: 007 Reference ID: 36-007-20140306. These exemptions do not apply in circumstances where a tree has more than one stem at a point 1.5 metres above the natural ground level if any stem when measured over its bark at that point exceeds the relevant minimum. Prosecutors should ensure that evidence at trial is restricted only to establishing the elements of the offence. 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. In addition, the authority must make available a copy of the Order at its offices. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. View Tree Preservation Orders (TPOs) There are about 500 Tree Preservation Orders (TPOs) in Herefordshire, covering approximately 743,000 individual trees. 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. Paragraph: 083 Reference ID: 36-083-20150415, Revision date: 15 04 2015 See previous version. A programme including tree felling should be more specific and should, where appropriate, cater for replacement tree planting. However, if the authority believes that some loss or damage is foreseeable, it should not grant consent automatically. Applicants must provide reasons for proposed work. Phone: 01766 771000 and request a copy of . 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. It is important that the applicant provides the authority with any additional required information at the same time as the form. The authority must notify the occupier at least 24 hours before entering a dwelling or occupied land. 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. Paragraph: 051 Reference ID: 36-051-20140306. 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 should consider publishing tree protection enforcement policies and having clear written procedures to deal with cases. So, the authority should consider varying the Order where, for example, replacement trees are of a different species to that referred to in the Order. The authoritys main consideration should be the amenity value of the tree. When a TPO is in place, it is normally. 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. 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. 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. . The authority should make a copy of the Order as confirmed available for public inspection at its offices, replacing the copy of the made 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. See the Planning Inspectorates detailed guidance on making an appeal and the associated form. 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. Paragraph: 092 Reference ID: 36-092-20140306. However, there are strict criteria and limitations on what compensation may be payable. 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. This register must be available for inspection by the public at all reasonable hours. Work should only be carried out to the extent that it is necessary to remove the risk. For example, knowledge of the existence of the Tree Preservation Order in question is not required. The woodland categorys purpose is to safeguard a woodland as a whole. 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. Regulation 3 requires that a TPO must define the position of the trees to which it relates by means of a map. Paragraph: 094 Reference ID: 36-094-20140306. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. Paragraph: 080 Reference ID: 36-080-20140306. it shall not be required to pay compensation other than to the owner of the land, it shall not be required to pay compensation if more than 12 months have elapsed since the date of the authoritys decision, or, in the case of an appeal to the Secretary of State, the final determination of that appeal. The authority should remind the landowner of the duty before the specified period ends and make clear that it will use its powers if the notice is not complied with. Flowchart 4 shows the decision-making process regarding compensation. 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. Further guidance can be found in paragraph 37 and paragraph 38. 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. Tree Preservation Order (TPO) Map. We use TPOs to protect trees that have a significant visual impact on the environment, including individual trees, groups of trees, and those in defined . 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. 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. The authority should assess whether or not the proposed work is exempt from the requirement to obtain its consent. The local authority should make a formal variation order that identifies the Order being varied, the variations made and the date the variation order is made. A programme of works could describe the classes of works which will need to be carried out as routine maintenance during the specified period. It may be helpful to use the standard application form for work to trees protected by an Order (available from the Planning Portal) as a section 211 notice, but the authority cannot insist on this. 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. If a local planning authority makes an Order, it will serve notice on people with an interest in the land, inviting representations about any of the trees covered by the Order. The authority can deal with a section 211 notice in one of three ways. Applicants should support claims that trees are damaging lighter structures and surfaces, such as garden walls, drains, paving and drives, by providing technical evidence from a relevant engineer, building/drainage surveyor or other appropriate expert. Flowchart 2 shows the process for revoking Orders. In such cases the authority should make the scope, timing and limit of the work clear. Please enable scripts and reload this page. If you use our specialists we will work with you to provide the best outcome for all the nearby community. Welcome to the Ards and North Down Borough Interactive Tree Preservation Order (TPO) Map. Appeal decision can only be challenged through an application form during the period. 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