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. Tree Preservation Orders in CCBC. Paragraph: 106 Reference ID: 36-106-20140306. It is expected that all vegetation control is carried out in accordance with best arboricultural practice. 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 example, an authority may wish to replace an Order containing an area classification with new Orders protecting individual trees or groups of trees. A general description of genera should be sufficient for areas of trees or woodlands. Paragraph: 070 Reference ID: 36-070-20140306. 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. Paragraph: 155 Reference ID: 36-155-20140306. One example is work urgently necessary to remove an immediate risk of serious harm. 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. 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. Paragraph: 076 Reference ID: 36-076-20140306. This act . The authority must make a copy of the variation order available for public inspection. Paragraph: 059 Reference ID: 36-059-20140306. It should assess the quality of additional information submitted with an application form during the determination of the application. under tree preservation orders which were made after 2 August 1999. 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. To. Tree preservation orders Search for TPOs and trees in conservation areas. 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. be fair and reasonable in the circumstances of each case; be imposed only where there is a definite need for it; and. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. If the necessary requirements are met, the authority should validate the application. Paragraph: 046 Reference ID: 36-046-20140306. Paragraph: 003 Reference ID: 36-003-20140306. The authority must keep a register of all applications for consent under an Order. 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. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. Paragraph: 047 Reference ID: 36-047-20140306. 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. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. wilfully damage or destroy. Objections to a new Tree Preservation Order can be made on any grounds. 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. 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. explain that objections or representations about any of the trees, groups of trees or woodlands covered by the Order may be made to the authority in accordance with, specify a date (at least 28 days after the date of the notice) by which any, delivered to, or could reasonably expected to be delivered to, the authority not later than the date specified in the. 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). You can find out whether a tree is protected by a TPO or is within a Conservation Area on our Interactive Map. The standard form of Order shows what information is required. 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. Nor is a section 211 notice required for: Paragraph: 132 Reference ID: 36-132-20140306. Authorities may authorise in writing their officers to enter land at a reasonable hour to ascertain whether an offence under section 210 or 211 has been committed if there are reasonable grounds for entering for this purpose. Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas. Authorities must not consider applications that do not meet the applicable procedural requirements. Your experience on this site will be improved by allowing cookies. 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. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. Here nuisance is used in its legal sense, not its general sense. The register should include: Paragraph: 129 Reference ID: 36-129-20140306. Paragraph: 041 Reference ID: 36-041-20140306. Anyone can apply for consent under an Order. Paragraph: 090 Reference ID: 36-090-20140306. Paragraph: 024 Reference ID: 36-024-20140306. Where an exception applies the authoritys consent to carry out works is not needed, but notice of those works may need to be given to the authority. If your tree is protected in either of these ways then you will need to apply for permission before doing any works. The authority should ensure that all notified parties are given at least 28 days from the date of the notice to submit their representations. Appeals against an authoritys decision to refuse consent can be made to the Secretary of State. Paragraph: 158 Reference ID: 36-158-20140306. 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. Trees in Development is for those planning a new development or project. 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. Tree Preservation Orders (or TPOs) are placed upon trees that have been assessed and identified as having 'amenity value'. on land in which the county council holds an interest. 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. They should be notified of the: If the authority has confirmed the Order with modifications, then it should serve a copy of the Order as confirmed. Paragraph: 137 Reference ID: 36-137-20140306. However, permission must be sought first.Works undertaken to a protected tree without consent can result in a fine. You may be trying to access this site from a secured browser on the server. uproot. 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 . It may be served electronically if the landowner has provided their electronic address to the authority (see section 329(1)(cc) of the Act). be worded precisely, so the applicant is left in no doubt about its interpretation and the authority is satisfied it can be enforced. Paragraph: 112 Reference ID: 36-112-20140306. the defendant has carried out, caused or permitted this work. 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. Trees can be protected either by a TPO or by being in a conservation area. The authority may enforce this duty by serving a tree replacement notice. When trees are removed it can make a big difference to some people because large trees block out some noise and offer privacy. In such cases the authority should make the scope, timing and limit of the work clear. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. Unless you're sure that a tree or hedgerow is not protected, then you should not . Tree owners, their agents and authorities should consider biodiversity. 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. 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 you are having problems seeing the map when using an Apple device, you may need to. Carrying out unauthorised work on a protected tree is a criminal offence. Protecting trees in conservation areas gives guidance on the circumstances where a section 211 notice may be required. The local authority must, as soon as practicable after making an Order and before it is confirmed, serve persons interested in the land affected by the Order: The authority must also be able to prove that it has done this in one of a number of different ways. Paragraph: 152 Reference ID: 36-152-20140306. 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. Paragraph: 002 Reference ID: 36-002-20140306. Paragraph: 068 Reference ID: 36-068-20140306. However, both the authority and the appellant can apply for some or all of their appeal costs. An authoritys tree strategy may identify localities or populations of trees as priorities for the making or reviewing of Orders. 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. * map location should not be relied on for accuracy. The authority must be clear about what work it will allow and any associated conditions. Anyone wanting to cut down, top, lop or uproot trees subject to an Order must first apply to the local planning authority for its consent unless the proposed work is exempt through an exception. If the authority did not visit the site before the application was made then an officer should do so at this stage. The exceptions allow removal of dead branches from a living tree without prior notice or consent. See section 214D(3) of the Town and Country Planning Act 1990. Paragraph: 054 Reference ID: 36-054-20140306. These procedures may require close liaison between tree officers, enforcement officers and legal advisers. The authority may ask the applicant about their legal interest in the tree and consult the trees owner. The work may go ahead before the end of the 6 week period if the local planning authority gives consent. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the appropriate authority). 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. In no doubt about its interpretation and the appellant can apply for permission before doing works. The Secretary of State Area on our Interactive map ; re sure a. Objections to a new tree preservation Orders and tree protection in conservation areas gives guidance on the where! Required for: Paragraph: 033 Reference ID: 36-032-20140306, Paragraph: 032 Reference ID:.! 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