If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. The authority should consider keeping anyone who has notified the authority of a contravention informed of the outcome of the investigation. It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. Paragraph: 113 Reference ID: 36-113-20140306. No claim can be made for loss or damage incurred before an application for consent to undertake work on a protected tree was made. 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. Tree Preservation Orders are usually made to protect trees . Paragraph: 035 Reference ID: 36-035-20140306. 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 UK Forestry Standard and its supporting guidelines define the governments standards and requirements. If an authority grants consent for a tree to be felled and wishes there to be a replacement tree or trees, it must make this a condition within the decision. If your tree is protected in either of these ways then you will need to apply for permission before doing any works. Paragraph: 135 Reference ID: 36-135-20140306. Paragraph: 074 Reference ID: 36-074-20140306. 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. 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. A Tree Preservation Order makes it illegal to cut down, prune, or otherwise damage a tree protected by a TPO without the council's consent and the unauthorised lopping or felling of a tree is a criminal offence which can result in an unlimited fine. Paragraph: 124 Reference ID: 36-124-20140306. Paragraph: 114 Reference ID: 36-114-20140306. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. This exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. Paragraph: 165 Reference ID: 36-165-20140306. It must clearly indicate modifications on the Order, for example by using distinctive type. Paragraph: 007 Reference ID: 36-007-20140306. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. To avoid the need for repeated notices over a relatively short period of time, one notice may, where appropriate, be submitted for repeated operations, phased works or programmes of work. Similarly, land drainage boards do not need to obtain consent before cutting down or carrying out certain works to trees protected by an Order. 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. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. The authority should ensure that all notified parties are given at least 28 days from the date of the notice to submit their representations. The authority may ask the applicant about their legal interest in the tree and consult the trees owner. Flowchart 7 shows the decision-making process regarding tree replacement. Paragraph: 066 Reference ID: 36-066-20140306. . Paragraph: 052 Reference ID: 36-052-20140306. 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. The authority can enforce tree replacement by serving a tree replacement notice. This process applies to contraventions of Tree Preservation Orders. Subject to provisions relating to forestry operations in protected woodland, a claim for compensation must be for not less than 500 and made to the authority either: Paragraph: 109 Reference ID: 20-109-20140306. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. If it is done professionally, they will be able to make sure that a thorough job is completed to a high standard. 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. The layer, CCBC_UA, Conservation_Area, TPO Groups, Areas, Woodlands, TPO Trees, cannot be added to the map. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. Where an authority decides to revoke an Order it must then follow the procedures set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard. Paragraph: 028 Reference ID: 36-028-20140306. For example, knowledge of the existence of the Tree Preservation Order in question is not required. 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). They are liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). When considering an application the authority is advised to: Authorities should bear in mind that they may be liable to pay compensation for loss or damage as a result of refusing consent or granting consent subject to conditions. 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. attributable to that persons failure to take reasonable steps to avert the loss or damage or mitigate its extent; loss or damage which, having regard to the application and the documents and particulars accompanying it, was not reasonably foreseeable when consent was refused or was granted subject to conditions; loss of development value or other diminution in the value of land; and/or. This map is provided for indicative purposes only and should not be used for identification of land ownership. Paragraph: 138 Reference ID: 36-138-20140306. Stirton with Thorlby Tree Preservation Orders. The authority may enforce replanting by serving a tree replacement notice on the landowner. (179kb PDF), application for tree works subject to a TPO (179kb PDF), TheSupplementary Planning Guidance (SPG) Trees and Development (10.6mb PDF). 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. 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. This must be at least 21 days from the site notices date of display. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. 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. A Tree Preservation Order (TPO) is an order made to protect a tree, or group of trees, or a woodland, in a particular area. If you plan to carry out work to a protected tree/hedge you must submit an application form. Paragraph: 107 Reference ID: 36-107-20140306. The standard form of Order shows what information is required. 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. The authority may enforce this duty by serving a tree replacement notice. 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. Paragraph: 122 Reference ID: 36-122-20140306. A TPO gives legal protection to an individual tree, group of trees, area or woodland. A section 211 notice should be acknowledged, although the authority should first consider whether the proposed work is exempt from the requirement to give this notice or requires a felling licence. This order makes it an offence to: cut down. Paragraph: 059 Reference ID: 36-059-20140306. Paragraph: 058 Reference ID: 36-058-20140306. The authority could, however, grant consent for less work than that applied for. Paragraph: 073 Reference ID: 36-073-20140306. Authorities can either initiate this process themselves or in response to a request made by any other party. 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. The work may go ahead before the end of the 6 week period if the local planning authority gives consent. Paragraph: 037 Reference ID: 36-037-20140306. 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. The authority should also take into account the legal duty to replace trees. 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. Paragraph: 167 Reference ID: 36-167-20140306, Paragraph: 168 Reference ID: 36-168-20140306, Paragraph: 169 Reference ID: 36-169-20140306, Paragraph: 170 Reference ID: 36-170-20140306, Paragraph: 171 Reference ID: 36-171-20140306, Paragraph: 172 Reference ID: 36-172-20140306, Paragraph: 173 Reference ID: 36-173-20140306. Paragraph: 081 Reference ID: 36-081-20140306. In certain circumstances, third parties may be able to apply for costs. 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. Paragraph: 075 Reference ID: 36-075-20140306. Paragraph: 158 Reference ID: 36-158-20140306. 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. If it does not make such a condition it cannot serve a tree replacement notice requiring replacement. Amenity is not defined in law, so authorities need to exercise judgment when deciding whether it is within their powers to make an Order. The officer should also record other information that may be essential or helpful in the future. Dead trees and branches can provide very valuable habitats for plants and wildlife, which may also be protected under other legislation. The applicant has the right to appeal to the Secretary of State if an authority fails to determine an application within an 8-week period. It may be expedient to make an Order if the authority believes there is a risk of trees being felled, pruned or damaged in ways which would have a significant impact on the amenity of the area. The authority should not confirm an Order it has modified by adding references to trees, groups of trees or woodlands in the Schedule to the Order or the map to which the Order did not previously apply. In addition, the authoritys consent is not needed in certain specific circumstances where the Regulations are deemed to have no effect. 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. 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. Flowchart 1 shows the process for making and confirming a Tree Preservation Order. Applicants must provide reasons for proposed work. Any necessary minor clarification should be confirmed in writing by the applicant either in a separate letter or by modifying the original application. 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 . Paragraph: 025 Reference ID: 36-025-20140306. Trees can be protected either by a TPO or by being in a conservation area. The local planning authority should consider including in the notice: Paragraph: 160 Reference ID: 36-160-20140306. 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. The authority may decide to notify other people, groups, authorities and organisations (such as parish councils and the Forestry Commission). TPOs prohibit felling and damage to trees without the written consent of the local planning authority. Applicants, agents and authorities must have regard to statutory obligations concerning protected species. Paragraph: 008 Reference ID: 36-008-20140306. The authoritys consent is not required for carrying out the minimum of work on a tree protected by an Order that is necessary to prevent or abate a nuisance. Flowchart 3 shows the process for applications to carry out work to protected trees. When you know of a conservation order on trees and are unsure why it is there, then you could ask your local council. decide not to make an Order and allow the 6-week notice period to end, after which the proposed work may be done within 2 years of the date of the notice. Paragraph: 121 Reference ID: 36-121-20140306. Part 6 of the Localism Act 2011 amended section 210 of the Town and Country Planning Act 1990 concerning time limits for proceedings in regard to non-compliance with Tree Preservation Order regulations. A plan is not mandatory but can be helpful. This site notice must: Before reaching its decision the authority must take into account any representations made by the date given in the site notice; and it must give notice of its decision to all people who made representations. The authority must make a copy of the variation order available for public inspection. Paragraph: 106 Reference ID: 36-106-20140306. The TPO can cover anything from a single tree, groups of trees and woodlands, provided . 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. Your experience on this site will be improved by allowing cookies. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. Paragraph: 011 Reference ID: 36-011-20140306. In some cases the authority may believe that certain trees are at risk as a result of development pressures and may consider, where this is in the interests of amenity, that it is expedient to make an Order. In these circumstances the authority is advised to vary the Order to bring it formally up to date. The exceptions allow removal of dead branches from a living tree without prior notice or consent. Paragraph: 046 Reference ID: 36-046-20140306. 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. Paragraph: 001 Reference ID: 36-001-20140306. A tree replacement notice should make clear whether it relates to non-compliance with a condition or to a duty under section 206 or 213 of the Town and Country Planning Act 1990. 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. Authorities can only confirm an Order within a 6 month period beginning with the date on which the Order was made. 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. Tree Preservation Orders are not granted to protect ecological value but if there is a special amenity value present. 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. 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. Paragraph: 010 Reference ID: 36-010-20140306. Authorities are advised to consult Historic England before making Orders on trees within or close to a scheduled monument. Also, in some cases, accidental destruction of a protected tree is not an offence. 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. The standard form of Order includes a draft endorsement for variation. Click on the map to view the details of Tree Preservation Orders. OK. Header Controller. contribution to the character or appearance of a conservation area. A Tree Preservation Order is made by the council, giving legal protection to trees or woodland. Following consideration of any objections and comments the authorities can decide whether or not to confirm the Order. 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. 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. 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. Any request for the authority to use this power should be made in writing. 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. 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. Attach a sketch plan of your property showing . Failure to comply with a tree replacement notice is not an offence. This six-week period is to give us time to consider if the tree should be . 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. Conditions or information attached to the permission may clarify what work is exempt. These appeals are handled by the Planning Inspectorate on the Secretary of States behalf. Paragraph: 117 Reference ID: 36-117-20140306. any further information requested by the Inspector. 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. You can find out whether a tree is protected by a TPO or is within a Conservation Area on our Interactive Map. An Order prohibits. Paragraph: 084 Reference ID: 36-084-20140306. People can apply for a tree protection order in surrounding areas if they feel that the area is at risk. In order to view the map please accept the following disclaimer. However, there are strict criteria and limitations on what compensation may be payable. Flowchart 1 shows the process for confirming an Order. a notice (a Regulation 5 notice) containing specified information. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. People should not submit a section 211 notice until they are in a position to present clear proposals. The Orders effect will stop on the date of its decision, which must be recorded on the Order. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 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: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. In deciding whether work to a tree or branch is urgently necessary because it presents an immediate risk of serious harm, the Secretary of States view is that there must be a present serious safety risk. Please enable scripts and reload this page. When applying for consent to remove trees, applicants should include their proposals for replacement planting. The authority should discuss the issue with the landowner and offer relevant advice. The authority must be clear about what work it will allow and any associated conditions. To help us improve GOV.UK, wed like to know more about your visit today. The authority must notify the occupier at least 24 hours before entering a dwelling or occupied land. Where an authority has granted planning permission for development in a conservation area, only tree works necessary to implement the development may be carried out. Paragraph: 083 Reference ID: 36-083-20150415, Revision date: 15 04 2015 See previous version. Trees covered by TPOs must never be cut down or pruned unless permission is received from the council. Tree Preservation Order (TPO) Map. It may be helpful to seek expert arboricultural and ecological advice. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. The Planning Inspectorate publishes the appeal form and detailed guidance on the appeal process. If a tree is illegally felled to facilitate development then the fine can be raised to the . It is important that the information on the form makes clear what the proposed work is and provides adequate information to support the case. One example is work urgently necessary to remove an immediate risk of serious harm. The duty on the owner of the land is to plant a replacement tree as soon as they reasonably can. A potential applicant or their agent may wish to first discuss the proposal informally with the authority. Authorities are encouraged to make their registers available online. To do so, submit online through the Planning Portal website. Enter a postcode or part of an address to locate a site. Sections 214B, 214C and 214D of the Town and Country Planning Act 1990 set out provisions relating to rights of entry in respect of protected trees. This will be the case, for instance, in respect of anything done by, or on behalf of, the Forestry Commission on land it owns or manages or in which it has an interest. These should specifically address each of the applicants reasons for making the application. Paragraph: 047 Reference ID: 36-047-20140306. The authority must ensure that applications clearly specify the proposed works and their timing or frequency. 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. The local planning authoritys consent is needed for carrying out work on diseased and/or dying trees unless some other exemption applies. For example, an authority may wish to replace an Order containing an area classification with new Orders protecting individual trees or groups of trees. Tree Preservation Orders (TPO) These orders are made and managed by local authorities. However, it is required to secure the consent of the appropriate authority before entering Crown land to enforce the notice. It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. Tree Preservation Orders. In addition, the authority should: Paragraph: 099 Reference ID: 36-099-20140306 One consideration would be to look at what is likely to happen, such as injury to a passing pedestrian. Tree owners, their agents and contractors, statutory undertakers and other bodies should take care not to exceed an exception. It contains guidance for existing trees on site as well as integrating new trees. wilfully damage or destroy. be accompanied, as applicable, by appropriate evidence describing any structural damage to property or in relation to tree health or safety. To protect additional trees or make other significant changes the authority should consider either varying the Order after it has been confirmed or making a further Order. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. it is not necessary to carry out works on protected trees in order to implement a full planning permission. The authority should first investigate whether or not an allegation that a contravention has taken place, or is about to take place, is true. The authority should assess whether or not the proposed work is exempt from the requirement to obtain its consent. Paragraph: 069 Reference ID: 36-069-20140306. They do not apply to general activities that may be endangering protected trees. Subject to specific provisions relating to forestry operations in protected woodland, any claimant who can establish that they have suffered loss or damage as a result of an authority either refusing consent or imposing conditions in respect of protected trees is entitled to claim compensation. Noise pollution can be a massive input on peoples lives and removing too many trees when people live near a road can cause the cars to seem so much louder, especially when they are not used to it, it would be a massive shock and people can become angry by this. Dont worry we wont send you spam or share your email address with anyone. Paragraph: 062 Reference ID: 36-062-20140306. 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. Section 210(4A) and (4B) of the Town and Country Planning Act 1990 set out that, in respect of offences under section 210(4) of the Act, authorities may bring an action within 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutors knowledge. The authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. How to Remove a Tree Preservation Order the authority has granted consent for felling in the course of forestry operations all or part of a woodland area to which an order applies; the Forestry Commission decides not to make any grant or loan under, decide not to make an Order and inform the person who gave notice that the work can go ahead; or. Paragraph: 070 Reference ID: 36-070-20140306. Legislation sets out circumstances in which a claim cannot be made. 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. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. However, the authority may decide to set a different time limit with a condition in the consent. endorse the variation Order, recording its decision not to confirm the variation order, including the date of the decision; notify the people who were affected by the variation order of its decision; and. A Word version of the standard form is available. Paragraph: 125 Reference ID: 36-125-20140306. A section 211 notice must describe the work proposed and include sufficient particulars to identify the tree or trees. For the purposes of the Act, a person does not have to obliterate a tree in order to destroy it. contribution to, and relationship with, the landscape; and. 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. a copy of the Order (including the map); and. require further approvals to be obtained from the person giving the consent; regulate the standard of the authorised work; allow repeated operations to be carried out (works may be carried out only once unless a condition specifies otherwise); and/or, impose a time limit on the duration of consent other than the. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. 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 duty transfers to the new owner if the land changes hands. 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