Dead trees and branches can provide very valuable habitats for plants and wildlife, which may also be protected under other legislation. Normally, they are set in place because it's the habitat for wildlife and they need protecting. 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. They prevent trees being cut down, uprooted, topped, lopped, wilfully damaged or destroyed, including cutting roots, without our permission. It must clearly indicate modifications on the Order, for example by using distinctive type. Further guidance can be found in paragraph 37 and paragraph 38. Authorities are encouraged to make these registers available online. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. There are strict deadlines within which costs applications must be made. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. However, the authoritys consent is not needed before pruning any tree cultivated for the production of fruit, as long as the work is carried out in accordance with good horticultural practice. For the purposes of the Act, a person does not have to obliterate a tree in order to destroy it. Paragraph: 154 Reference ID: 36-154-20140306. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. They protect individual trees, groups of trees or woods that are of particular value to local communities. Having a trees preservation nearby can stressful for individuals who are wanting improve their outdoor area and garden because they might not be able to make the changes which they want. 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. Safety has priority, but safety considerations may not necessitate removal of all dead branches on living trees or the whole of a dead tree. The validity of the Secretary of States appeal decision can only be challenged through an application to the High Court. any further information requested by the Inspector. guide the applicant generally about Tree Preservation Order procedures and the authoritys policies; and. Paragraph: 054 Reference ID: 36-054-20140306. Paragraph: 120 Reference ID: 36-120-20140306. Such notices may apply to breaches of conditions in planning permissions. 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. 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. It contains guidance for existing trees on site as well as integrating new trees. Paragraph: 029 Reference ID: 36-029-20140306. 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. consider, in the light of this assessment, whether or not the proposal is justified, having regard to the reasons and additional information put forward in support of it; consider whether any requirements apply in regard to protected species; consider other material considerations, including development plan policies where relevant; and. Paragraph: 077 Reference ID: 36-077-20140306. 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 addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Paragraph: 089 Reference ID: 36-089-20140306. An injunction is a court order prohibiting a person from taking a particular action. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. 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. But it is not necessary for there to be immediate risk for there to be a need to protect trees. Paragraph: 125 Reference ID: 36-125-20140306. 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. A Tree Preservation Order (TPO) is a written order made by a local planning authority (the council), which, in general, makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order without the authority's permission. 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. The local planning authoritys consent is needed for carrying out work on diseased and/or dying trees unless some other exemption applies. Paragraph: 114 Reference ID: 36-114-20140306. 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. Paragraph: 052 Reference ID: 36-052-20140306. 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. Any request for such a dispensation should be put to the authority in writing. 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. If you have a tree or group of trees protected by a tree preservation order, or you are within a conservation area and you wish to carry out any form of tree work, you must seek permission from the Council before starting. 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. Only one copy of each application document needs to be submitted. For example, authorities should consider reviewing Orders protecting trees and woodlands affected by development or other change in land use since the Order was made. Paragraph: 155 Reference ID: 36-155-20140306. Any request for the authority to use this power should be made in writing. If you'd like to know how to remove a tree preservation order, please follow the steps below: Write to the local council or authority who set the TOP in place. Paragraph: 087 Reference ID: 36-087-20140306. 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. Paragraph: 133 Reference ID: 36-133-20140306. Anyone who contravenes an Order by damaging or carrying out work on a tree protected by an Order without getting permission from the local planning authority is guilty of an offence and may be fined. It may not be necessary (or practical) for the replacement tree to be planted in the exact position of the original tree. People must be given the opportunity to object to, or comment on, a new Tree Preservation Order. The local planning authority should consider including in the notice: Paragraph: 160 Reference ID: 36-160-20140306. 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. 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. Paragraph: 078 Reference ID: 36-078-20140306. * map location should not be relied on for accuracy. Credit: Chris . The officer should also record other information that may be essential or helpful in the future. However, the authority cannot enter Crown land without consent from the appropriate Crown body. whether the notice relates to contravening an Order or a section 211 notice; whether the notice relates to complying with a condition of consent; the number, size and species of the replacement trees. Paragraph: 021 Reference ID: 36-021-20140306. Paragraph: 088 Reference ID: 36-088-20140306. the possibility of a wider deterrent effect. The layer, CCBC_UA, Conservation_Area, TPO Groups, Areas, Woodlands, TPO Trees, cannot be added to the map. Here nuisance is used in its legal sense, not its general sense. Orders should be made in respect of trees where it appears necessary in connection with the grant of permission. Unless stated, it also applies to work to trees in conservation areas that contravenes section 211 of the Town and Country Planning Act 1990. 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 impact on amenity of the removal of trees, and whether it would be in the interests of amenity (and, in woodlands, in accordance with the practice of good forestry) to require their replacement; whether it would be reasonable to serve a tree replacement notice in the circumstances of the case; and. When granting planning permission authorities have a duty to ensure, whenever appropriate, that planning conditions are used to provide for tree preservation and planting. This need not be limited to that brought about by disease or damage to the tree. Tree owners, their agents and contractors, statutory undertakers and other bodies should take care not to exceed an exception. An authoritys tree strategy may identify localities or populations of trees as priorities for the making or reviewing of Orders. If your tree is protected then you will need to apply to the Council to carry out any work. The authority can enforce tree replacement duties by serving a tree replacement notice. To. Tree protection Tree Preservation Orders (TPO) apply to specific trees and woodlands in Cardiff to help protect them. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. By default, consent is valid for 2 years beginning with the date of its grant. The woodland category should not hinder beneficial woodland management. Paragraph: 008 Reference ID: 36-008-20140306. Paragraph: 098 Reference ID: 36-098-20140306. Paragraph: 119 Reference ID: 36-119-20140306. Paragraph: 030 Reference ID: 36-030-20140306. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. 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. 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. If you require a copy of any TPO on or affecting your property . Special considerations apply in some of these circumstances. Paragraph: 038 Reference ID: 36-038-20140306. The map associated with each TPO is a historical document, it . 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. The authority should make absolutely clear in its decision notice what is being authorised. Tree Preservation Orders can help protect woods and trees. Paragraph: 140 Reference ID: 36-140-20140306. 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. Carrying out unauthorised work on a protected tree is a criminal offence. 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: 082 Reference ID: 36-082-20140306. Paragraph: 128 Reference ID: 36-128-20140306. Unauthorised Works to Tree Preservation Orders. 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. 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. The local planning authority has powers only to enforce the duty to plant one tree to replace one other. 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. Paragraph: 002 Reference ID: 36-002-20140306. The local planning authority is not required to obtain the prior consent of the appropriate authority before serving a tree replacement notice on a Crown body. Paragraph: 010 Reference ID: 36-010-20140306. Paragraph: 028 Reference ID: 36-028-20140306. Authorities must not consider applications that do not meet the applicable procedural requirements. Whichever appeal procedure is used, an application can be made for an award of costs on the grounds of another partys unreasonable behaviour which causes unnecessary expense. Anyone found guilty in the magistrates court of an offence under section 210(4) is liable to a fine of up to Level 4 (currently 2,500). We can advise you based on the following fees: 1st hour - 125.00 (+ VAT) Subsequent charge per hour - 75.00 (+ VAT) Authorities should aim to determine validity within 3 working days from the date of receipt. It should also explain to the person who gave notice that an application for consent under the Order may be made at any time. The officer should record the number and species (or at least the genus) of the individual trees or groups of trees to be included in the Order and their location. 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. Paragraph: 073 Reference ID: 36-073-20140306. The applicant is not necessarily required to provide a formal scaled location or site plan. Paragraph: 106 Reference ID: 36-106-20140306. Tree preservation orders Trees and hedges are a key element of our countryside, but they also have a major part to play in urban areas. Paragraph: 011 Reference ID: 36-011-20140306. They should demonstrate that the proposal is a proportionate solution to their concerns and meets the requirements of sound arboriculture. This means that the trees are protected to maintain the natural. The form is available from the Planning Portal or the authority. a tree without the LPA's permission. For policy inquiries telephone 029 2082 3883, or write to: Decisions Branch, Planning Division, . If the authority did not visit the site before the application was made then an officer should do so at this stage. Protected and Dangerous Trees. 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. These procedures may require close liaison between tree officers, enforcement officers and legal advisers. 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: 123 Reference ID: 36-123-20140306. So authorities are advised to keep their Orders under review. Paragraph: 071 Reference ID: 36-071-20140306. Any type of tree can be protected by a TPO regardless of its species; this includes hedgerow trees, but not hedges, bushes or shrubs. Dont include personal or financial information like your National Insurance number or credit card details. 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 . 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. Flowchart 1 shows the process for making and confirming a Tree Preservation Order. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. Paragraph: 102 Reference ID: 36-102-20140306. This will help the authority to ensure that approved work has not been exceeded and support enforcement. Paragraph: 105 Reference ID: 36-105-20140306. Details on High Court challenges are in the Planning Inspectorates guidance on tree replacement appeals. wilfully damage or destroy. Section 210 of the Town and Country Planning Act 1990 provides a clear structure for pursuing criminal enforcement action for unauthorised work. Flowchart 6 shows the decision-making process regarding offences. More information about tree replacement can be found at paragraph 151. If youd like an email alert when changes are made to planning guidance please subscribe. Paragraph: 116 Reference ID: 36-116-20140306. The Order must be set out using the standard form of Order in the Schedule to the Town and Country Planning (Tree Preservation) (England) Regulations 2012 (or in a form substantially to the same effect). If you use assistive technology (such as a screen reader) and need a The authority may wish to attach to its decision notice advice and information (sometimes known as an informative) relating to the decision. They should therefore consider how best to demonstrate that they have made their decisions at this stage in an even-handed and open manner. Tree Preservation Orders are not granted to protect ecological value but if there is a special amenity value present. Paragraph: 035 Reference ID: 36-035-20140306. It should explain why the authority is exercising the duty and what the landowner must do to comply with it. If the authority grants consent it will be for the applicant to get any necessary permission (for access to the land, for example) from the owner, before carrying out the work. The authority should discuss the issue with the landowner and offer relevant advice. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. No claim can be made for loss or damage incurred before an application for consent to undertake work on a protected tree was made. When trees are removed it can make a big difference to some people because large trees block out some noise and offer privacy. It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. In addition, the authority must make available a copy of the Order at its offices. the defendant has carried out, caused or permitted this work. See the Planning Inspectorates detailed guidance on making an appeal and the associated form. Paragraph: 124 Reference ID: 36-124-20140306. 1.2 All of the Orders were served in October and November 2012 and will Anyone who wilfully obstructs an authority officer exercising these rights of entry is guilty of an offence and liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). This can be done using the application form on our website and a member of the team will respond to you as quickly as they can. A notice must include the date it is submitted. Paragraph: 069 Reference ID: 36-069-20140306. The duty attaches to subsequent owners of the land. 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: 161 Reference ID: 36-161-20140306. Paragraph: 040 Reference ID: 36-040-20140306. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. Tree preservation orders Search for TPOs and trees in conservation areas. In addition, a confirmed Order should be recorded promptly in the local land charges register as a charge on the land on which the trees are standing. To help us improve GOV.UK, wed like to know more about your visit today. 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. The Planning Inspectorate publishes the appeal form and detailed guidance on the appeal process. Paragraph: 130 Reference ID: 36-130-20140306. 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). 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. This is also the case in respect of works done by or on behalf of a person under a working plan or plan of operations, approved by the Forestry Commission under: Paragraph: 014 Reference ID: 36-014-20140306. In these areas the county council may only make an Order: Paragraph: 006 Reference ID: 36-006-20140306. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. 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. Unless you're sure that a tree or hedgerow is not protected, then you should not . Objections to a new Tree Preservation Order can be made on any grounds. Paragraph: 074 Reference ID: 36-074-20140306. View Tree Preservation Orders (TPOs) There are about 500 Tree Preservation Orders (TPOs) in Herefordshire, covering approximately 743,000 individual trees. The authority may enforce replanting by serving a tree replacement notice on the landowner. Also, the local planning authority may impose a condition requiring replacement planting when granting consent under a Tree Preservation Order for the removal of trees. Dont worry we wont send you spam or share your email address with anyone. The Planning Inspectorate deals with most appeals through a written representations appeal procedure. Unlike a replacement tree planted under a condition, a replacement tree planted because of the duty under section 206 is automatically protected by the original Order. People can apply for a tree protection order in surrounding areas if they feel that the area is at risk. 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. Flowchart 3 shows the process for applications to carry out work to protected trees. it is not necessary to carry out works on protected trees in order to implement a full planning permission. Paragraph: 058 Reference ID: 36-058-20140306. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. 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