Regulations 19-23 set out the appeal procedures. TPOs can be viewed on the Tree Preservation Order Map. Paragraph: 164 Reference ID: 36-164-20140306. 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. Tree owners, their agents and authorities should consider biodiversity. It should also explain to the person who gave notice that an application for consent under the Order may be made at any time. Unless you're sure that a tree or hedgerow is not protected, then you should not . 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 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. Paragraph: 081 Reference ID: 36-081-20140306. Click on the map to find out more about specific tree preservation order. Anyone can apply for consent under an Order. So authorities are advised to keep their Orders under review. Part of: Planning guidance for the public First published: 15 November 2013 If it is done professionally, they will be able to make sure that a thorough job is completed to a high standard. An authority is only liable to pay compensation in certain circumstances and there are strict criteria and limitations. Paragraph: 012 Reference ID: 36-012-20140306. Paragraph: 106 Reference ID: 36-106-20140306. within 12 months of the date of the Secretary of States decision (if an appeal has been made). Normally, they are set in place because it's the habitat for wildlife and they need protecting. 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. It should explain why the authority is exercising the duty and what the landowner must do to comply with it. The authority should consider keeping anyone who has notified the authority of a contravention informed of the outcome of the investigation. 15+ Years with Yell. The authority can deal with a section 211 notice in one of three ways. This is because the purpose of the Order is to safeguard the woodland as a whole, which depends on regeneration or new planting. The form is available from the Planning Portal or the authority. Section 210(3) provides that, in determining the amount of fine, the court shall take into account any financial benefit which has resulted, or is likely to result, from the offence. 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. When deciding whether an Order is appropriate, authorities are advised to take into consideration what amenity means in practice, what to take into account when assessing amenity value, what expedient means in practice, what trees can be protected and how they can be identified. Paragraph: 028 Reference ID: 36-028-20140306. A section 211 notice must describe the work proposed and include sufficient particulars to identify the tree or trees. When trees are removed it can make a big difference to some people because large trees block out some noise and offer privacy. A TPO gives legal protection to an individual tree, group of trees, area or woodland. Paragraph: 133 Reference ID: 36-133-20140306. It must clearly indicate modifications on the Order, for example by using distinctive type. An Order prohibits the: of trees without the local planning authoritys written consent. Paragraph: 045 Reference ID: 36-045-20140306. If it is not done following the correct preservation standards and guidelines, it can cause further implications which cause the tree to re-grow. 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. 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 . time within which an application may be made to the High Court; and. 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. Where an application relates to trees in a conservation area the authority must pay special attention to the desirability of preserving or enhancing the character or appearance of that area. Skip to Header Controller; Skip to Map; Skip to Attribute Table . Paragraph: 015 Reference ID: 36-015-20140306. If this deadline is missed and an authority still considers protection necessary it will have to make a new Order. If your tree is protected in either of these ways then you will need to apply for permission before doing any works. Legislation sets out circumstances in which a claim cannot be made. Paragraph: 016 Reference ID: 36-016-20140306. Stirton with Thorlby Tree Preservation Orders. If your tree is protected then you will need to apply to the Council to carry out any work. There is a right of appeal against a tree replacement notice however the authority has powers to dispense with the duty to plant a replacement tree. The appellant may withdraw their appeal at any time. Authorities are advised to consult Historic England before making Orders on trees within or close to a scheduled monument. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. Paragraph: 020 Reference ID: 36-020-20140306. It is important that applications suggesting that the proposed tree work is necessary to address tree-related subsidence damage are properly supported by appropriate information. Paragraph: 139 Reference ID: 36-139-20140306. They are made to protect individual trees, groups of trees or woodlands which have . The authority decides whether or not the variation Order should be confirmed and cannot confirm it without first considering any duly made objections and representations. If the local authority has not decided an application for consent within 8 weeks from the day it is received, then the applicant may appeal on grounds of non-determination. Paragraph: 151 Reference ID: 36-151-20140306. Where appropriate, authorities should encourage single applications for regularly repeated operations and phased works or programmes of work on trees under good management. Paragraph: 152 Reference ID: 36-152-20140306. A guidance note on how to use the map can be downloaded from the Documents section on the right. Any request for the authority to use this power should be made in writing. Nor should the authority confirm an Order if it has made substantial changes to it, for example by changing an area classification to a woodland classification. future potential as an amenity. Find out more about Mid Sussex District Council news by visiting our Newsroom. Authorities can confirm Orders, either without modification or with modification, to provide long-term tree protection. There are strict deadlines within which costs applications must be made. If a tree is illegally felled to facilitate development then the fine can be raised to the . 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. Works cannot be done to any tree in the city, subject to a TPO, without prior approval from. Paragraph: 059 Reference ID: 36-059-20140306. Furthermore, under section 44 of the Magistrates Courts Act 1980 any person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence. For example, it is unlikely to be necessary to make an Order in respect of trees which are under good arboricultural or silvicultural management. A potential applicant or their agent may wish to first discuss the proposal informally with the authority. withdraw from public inspection the copy of the variation order which was made available when it was first made. In addition, authorities may wish to set up a programme to review Orders that include the area classification. Paragraph: 107 Reference ID: 36-107-20140306. Paragraph: 046 Reference ID: 36-046-20140306. This provisional effect lasts for 6 months, unless the authority first either confirms the Order to provide long-term protection or decides not to confirm it. It notifies the authority of proposed work on trees in a conservation area that are not subject to a Tree Preservation Order. Paragraph: 035 Reference ID: 36-035-20140306. The Planning Inspectorate deals with most appeals through a written representations appeal procedure. 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. Paragraph: 112 Reference ID: 36-112-20140306. 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. Online map showing which trees have Tree Preservation Orders (opens in new window) Pruning or felling a protected tree can result in prosecution. Flowchart 6 shows the decision-making process regarding offences. They prevent trees being cut down, uprooted, topped, lopped, wilfully damaged or destroyed, including cutting roots, without our permission. Paragraph: 101 Reference ID: 36-101-20140306. The authority may decide to notify other people, groups, authorities and organisations (such as parish councils and the Forestry Commission). 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. This will help to maintain and enhance the amenity provided by protected trees. the cutting down or uprooting of a tree, whose diameter does not exceed 100 millimetres, for the sole purpose of improving the growth of other trees (eg thinning as part of forestry operations). Only one copy of each application document needs to be submitted. This notice period gives the authority an opportunity to consider whether to make an Order on the tree. 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. These statutory undertakers, or contractors working at their request, are advised to liaise with local authorities prior to carrying out work to trees protected by an Order. Credit: Chris . Your experience on this site will be improved by allowing cookies. It also means that you could face a fine because this could happen to be a protected tree. The authority is responsible for enforcing all conditions in a consent, so its decision notice should clearly state the reasons for its conditions. The authority must ensure that applications clearly specify the proposed works and their timing or frequency. 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. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. It means that if the certain trees protected by the order is cut down or removed, it's an offence. The authority is liable to pay compensation for any loss or damage caused or incurred as a result of complying with a condition where: Paragraph: 111 Reference ID: 36-111-20140306. 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. Any question of disputed compensation must be referred to, and determined by, the Lands Chamber of the Upper Tribunal. However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. 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. the cutting down, topping, lopping or uprooting of a tree by, or on behalf of, the authority; the cutting down, topping, lopping or uprooting of a tree by or on behalf of the, cuts down, uproots or wilfully destroys a tree; or, tops, lops or wilfully damages a tree in a way that is likely to destroy it; or. It will take only 2 minutes to fill in. This usually applies to trees on private land but we occasionally protect trees on our land. A Tree Preservation Order (TPO) is an order that is given to protect: Individual trees Groups of trees Woodlands You must get consent from us before you carry out any work to a tree that. Submit a request for a tree preservation order To submit a request, email naturalenvironment@southglos.gov.uk and include: a photograph of the tree or trees a location plan clearly marking. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. When deciding what is necessary to prevent or abate a nuisance, tree owners and, where applicable, their neighbours and local authorities, should consider whether steps other than tree work might be taken. Notice is required for works to trees that have a trunk diameter of more than 75mm . The authority should make absolutely clear in its decision notice what is being authorised. The Order will protect only those trees standing at the time it was made, so it may over time become difficult to be certain which trees are protected. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. 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. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. Trees in a conservation area Trees within conservation areas are also protected and works to trees in these areas are subject to restrictions even if the trees are not the subjects of a TPO. Local authority officers conducting criminal investigations must have regard to the codes of practice prepared under section 66 of the Police and Criminal Evidence Act 1984 and any other relevant codes relating to criminal proceedings. Paragraph: 043 Reference ID: 36-043-20140306. These exceptions include certain work: Paragraph: 060 Reference ID: 36-060-20140306. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. reasonably foreseeable by that person; and. 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. Tree owners, their agents and contractors, statutory undertakers and other bodies should take care not to exceed an exception. It may be helpful to seek expert arboricultural and ecological advice. Any type of tree can be protected by a TPO regardless of its species; this includes hedgerow trees, but not hedges, bushes or shrubs. Paragraph: 036 Reference ID: 36-036-20140306. The same penalties as those for contravening an Order apply. The authority can enforce tree replacement duties by serving a tree replacement notice. Planning permission Planning guidance for the public Protected trees: guidance on tree preservation orders Guidance Protected trees: guidance on tree preservation orders Explains the law on protected trees including getting permission to work on a protected tree. Paragraph: 121 Reference ID: 36-121-20140306. In certain circumstances, third parties may be able to apply for costs. 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. Serving a tree Preservation Order application for consent under a tree Preservation Order trees within or to... Under a tree replacement duties by serving a tree replacement notice a programme to review Orders include... Tree Preservation Order as a whole, which depends on regeneration or planting... Circumstances, third parties may be made to protect individual trees, area woodland... 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