We also use cookies set by other sites to help us deliver content from their services. Where there is evidence that protected species such as bats may be present and might be affected by the proposed work the applicant, their agent and the authority should have regard to the relevant legislation and guidance. Authorities are encouraged to make their registers available online. 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. Where local people might be affected by an application or where there is likely to be a good deal of public interest, the authority should consider displaying a site notice or notifying the residents, authorities or groups affected. Paragraph: 094 Reference ID: 36-094-20140306. 1.2 All of the Orders were served in October and November 2012 and will 2.1 The power to People can apply for a tree protection order in surrounding areas if they feel that the area is at risk. The persons interested in the land affected by the Order are every owner and occupier of the land on which the protected trees stand and every other person the authority knows is entitled to carry out certain works to any of those trees or in relation to the affected land. A TPO means that formal consent or permission is needed before any work is carried out on the tree. Any type of tree can be protected by a TPO regardless of its species; this includes hedgerow trees, but not hedges, bushes or shrubs. Authorities can only confirm an Order within a 6 month period beginning with the date on which the Order was made. Tree Preservation Order (TPO) Map. 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. give a date by which representations have to be made. Tree Preservation Orders in CCBC. TPOs are documents that give legal. An authority dealing with an application relating to woodland must grant consent so far as accords with good forestry practice unless it is satisfied that the granting of consent would fail to secure the maintenance of the special character of the woodland or the woodland character of the area. Authorities should consider publicising successful prosecutions to help maximise their deterrent value. 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. Tree Preservation Orders are not granted to protect ecological value but if there is a special amenity value present. If the authority decides an application is invalid the applicant may have the right of appeal. Where a tree is not covered by the woodland classification and is cut down because there is an urgent necessity to remove an immediate risk of serious harm, the landowner has a duty to plant a replacement tree of an appropriate size and species. Please feel free to let us know if you found it useful! In such cases the authority should make the scope, timing and limit of the work clear. Paragraph: 040 Reference ID: 36-040-20140306. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. People must be given the opportunity to object to, or comment on, a new Tree Preservation Order. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas. But such an applicant is advised to first consult the trees owner and also notify them promptly after submitting their application. The Orders effect will stop on the date of its decision, which must be recorded on the Order. Paragraph: 152 Reference ID: 36-152-20140306. The legislation does not require authorities to describe the trees in the Order with full scientific names or plot them on the map with pinpoint accuracy. When considering whether trees should be protected by an Order, authorities are advised to develop ways of assessing the amenity value of trees in a structured and consistent way, taking into account the following criteria: The extent to which the trees or woodlands can be seen by the public will inform the authoritys assessment of whether the impact on the local environment is significant. The authority should give its decision in writing, setting out its reasons. Clearly it must be satisfied that the trees were protected at the time they were removed. It may not be necessary (or practical) for the replacement tree to be planted in the exact position of the original tree. Trees covered by TPOs must never be cut down or pruned unless permission is received from the council. A Tree Preservation Order (TPO) is an order made to protect a tree, or group of trees, or a woodland, in a particular area. So authorities are advised to keep their Orders under review. See section 214D(3) of the Town and Country Planning Act 1990. Paragraph: 121 Reference ID: 36-121-20140306. The authority may use conditions or informatives attached to the permission to clarify this requirement. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. They may decide to vary or revoke Orders because, for example: Paragraph: 050 Reference ID: 36-050-20140306. Paragraph: 015 Reference ID: 36-015-20140306. Paragraph: 053 Reference ID: 36-053-20140306. The authority may ask the applicant about their legal interest in the tree and consult the trees owner. The standard form of Order provides examples of how information should be recorded in a schedule. If your tree is protected then you will need to apply to the Council to carry out any work. Where the Order includes the area classification, although the position of every tree will not be shown, the authority is advised to specify replanting as near as is reasonably practical to the original trees position. Paragraph: 025 Reference ID: 36-025-20140306. When granting planning permission authorities have a duty to ensure, whenever appropriate, that planning conditions are used to provide for tree preservation and planting. Paragraph: 096 Reference ID: 36-096-20140306. ensure that appropriate expertise informs its decision. Flowchart 4 shows the decision-making process regarding compensation. We can advise you based on the following fees: 1st hour - 125.00 (+ VAT) Subsequent charge per hour - 75.00 (+ VAT) Negotiation may enable the authority to ensure that remedial works to repair, or reduce the impact of, unauthorised works to a protected tree are carried out. 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 consent is given, it can be subject to conditions which have to be followed. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. errors in the Orders Schedule or map have come to light. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. Paragraph: 098 Reference ID: 36-098-20140306. To. Paragraph: 097 Reference ID: 36-097-20140306. 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. The authority should consider visiting the site at this stage. The Variation Order is located in Lakeside in the ward of Cyncoed. The authority should consider duly submitted objections when deciding whether the proposals are inappropriate and whether an Order should be made. 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. uproot. The local planning authority cannot require maintenance work to be done to a tree just because it is protected. The Regulations will have no effect in respect of anything done by, or on behalf of, the Forestry Commission on land it owns or manages (the Public Forest Estate) or in which it has an interest. A tree preservation order (TPO) is placed if the council decides that a tree has a high aesthetic value. Click on a tree symbol or hatched area on the map to find more information. The authoritys consent for such work is not required. 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. Paragraph: 044 Reference ID: 36-044-20140306. Before it accepts an application the authority should check that the trees are in fact subject to an Order currently in force and verify that the application is both valid and complete. It may be possible to bring a separate action for each tree cut down or damaged. Paragraph: 042 Reference ID: 36-042-20140306. An Order comes into effect on the day the authority makes it. Once a TPO is served, the tree does not become the responsibility of the Council. Paragraph: 166 Reference ID: 36-166-20140306. The law on Tree Preservation Orders is in Part VIII of the Town and Country Planning Act 1990 as amended and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 which came into force on 6 April 2012. But the place should at least correspond with the original position described in the Order and shown on the map. 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. An injunction is a court order prohibiting a person from taking a particular action. Applicants must provide reasons for proposed work. If trees merit protection in their own right, authorities should specify them as individual trees in the Order. Conditions or information attached to the permission may clarify what work is exempt. 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. 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. For example, the Order is overridden if a tree has to be removed to make way for a new building for which full planning permission has been granted. They should therefore consider how best to demonstrate that they have made their decisions at this stage in an even-handed and open manner. Paragraph: 134 Reference ID: 36-134-20140306. However, both the authority and the appellant can apply for some or all of their appeal costs. Paragraph: 084 Reference ID: 36-084-20140306. 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. time within which an application may be made to the High Court; and. The authority must make a copy of the variation order available for public inspection. This act . Paragraph: 039 Reference ID: 36-039-20140306. The authority may ask for more information or evidence to help determine an application, but it has no power to require information beyond that specified in the standard application form. A plan is not mandatory but can be helpful. 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 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. Well send you a link to a feedback form. Paragraph: 038 Reference ID: 36-038-20140306. 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. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. 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. TPOs are placed on trees which are considered exceptionally important, either within the district or locally, for their: size and form. The authoritys consent is not required in certain circumstances for work carried out by, or at the request of, those statutory undertakers listed in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. 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. Tree preservation orders. 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. However the authoritys liability is limited. A section 211 notice is not, and should not be treated as, an application for consent under an Order. OK. Header Controller. However, if the local planning authority believes, in the circumstances, that replacement trees should be planted, it should first try to persuade the landowner to comply with the duty voluntarily. 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