Paragraph: 123 Reference ID: 36-123-20140306. The requirements an authority must meet when varying an Order will depend on whether or not additional trees will be protected. A Tree Preservation Order (TPO) is an order made by a Local Planning Authority, such as Dudley Council, which in general makes it an offence to cut down, lop, top, uproot, wilfully damage or wilfully destroy a tree without first getting permission from the Local Planning Authority. 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. Paragraph: 128 Reference ID: 36-128-20140306. Paragraph: 164 Reference ID: 36-164-20140306. In addition, the authoritys consent is not needed in certain specific circumstances where the Regulations are deemed to have no effect. This may include: Paragraph: 022 Reference ID: 36-022-20140306. 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. It may be helpful to seek expert arboricultural and ecological advice. Map of Tree Preservation Orders and conservation areas The map below shows the location of Trees covered by conservation areas or Tree Preservation Order (TPO) within North Kesteven.. version of this document in a more accessible format, please email, Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Department for Levelling Up, Housing and Communities, Ministry of Housing, Communities & Local Government, Informing people that a Tree Preservation Order has been made, Commenting on newly made Tree Preservation Orders, Varying and revoking Tree Preservation Orders, Making applications to carry out work on trees protected by a Tree Preservation Order, Taking decisions on applications for consent under a Tree Preservation Order, Appealing against local authority decisions on applications, previous version of the framework published in 2012, Part VIII of the Town and Country Planning Act 1990, Town and Country Planning (Tree Preservation) (England) Regulations 2012, Part 6 of the Localism Act 2011 amended section 210 of the Town and Country Planning Act 1990, Town and Country Planning (Tree Preservation)(England) Regulations 2012, expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area, guidance on tree size in conservation areas, Schedule to the Town and Country Planning (Tree Preservation) (England) Regulations 2012, grounds on which an application to the High Court may be made, The guidance notes for the standard application form, duty to plant a replacement tree of an appropriate size and species, Town and Country Planning (General Permitted Development) Order 2015, section 206 of the Town and Country Planning Act 1990, relevant provisions of the Forestry Act 1967, section 211 of the Town and Country Planning Act 1990, repeated operations, phased works or programmes of work, an exception to the requirement to apply for consent under a Tree Preservation Order, section 202C(2) of the Town and Country Planning Act 1990, Section 210(2) of the Town and Country Planning Act 1990, a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order, Section 210(4A) and (4B) of the Town and Country Planning Act 1990, section 1(1) of the Criminal Attempts Act 1981, section 44 of the Magistrates Courts Act 1980, section 331 of the Town and Country Planning Act 1990, 214D of the Town and Country Planning Act 1990, section 214D(3) of the Town and Country Planning Act 1990, section 66 of the Police and Criminal Evidence Act 1984, Section 214A of the Town and Country Planning Act 1990, Section 171E of the Town and Country Planning Act 1990, a condition requiring replacement planting, a replacement tree planted under a condition, Section 206(2) of the Town and Country Planning Act 1990, Section 206(3) of the Town and Country Planning Act 1990, Section 207 of the Town and Country Planning Act 1990, section 207(2) of the Town and Country Planning Act 1990, Section 209 of the Town and Country Planning Act 1990, section 209(6) of the Town and Country Planning Act 1990, Section 209(2) of the Town and Country Planning Act 1990, Regulation 14 of the Town and Country Planning General Regulations 1992, Section 208 of the Town and Country Planning Act 1990, detailed guidance on making an appeal and the associated form, section 289(2) of the Town and Country Planning Act 1990, Flowchart 1: Making and confirming a Tree Preservation Order, Flowchart 2: Varying or revoking a Tree Preservation Order, Flowchart 3: Applications to carry out work on trees protected by a Tree Preservation Order, Flowchart 5: Notices for work to trees in a conservation area, Use the Forestry Commission map browser and Land Information Search, Orders made before 6 April 2012 continue to protect the trees or woodlands they cover, the legal provisions listed in Orders made before 6 April 2012 have been automatically cancelled and replaced by the provisions in the new regulations. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. This law means you have to give us six weeks notice before carrying out certain works on these trees, unless an exception applies. But such an applicant is advised to first consult the trees owner and also notify them promptly after submitting their application. Paragraph: 062 Reference ID: 36-062-20140306. Additionally, the Inspector may make an award of costs, in full or in part, if they judge that a party has behaved unreasonably resulting in unnecessary expense and another party has not made an application for costs. See the Planning Inspectorates detailed guidance on making an appeal and the associated form. 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. 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). Paragraph: 029 Reference ID: 36-029-20140306. 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. 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. Tree Preservation Orders (TPO) and trees in conservation areas. 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. Paragraph: 016 Reference ID: 36-016-20140306. You may be trying to access this site from a secured browser on the server. This duty applies when an authority discharges its enforcement powers, including rights of entry, gathering samples from trees or of soil and taking statements. It can also consider displaying site notices. 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. 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: 142 Reference ID: 36-142-20140306. But the plan must identify clearly the tree or trees in question and, where appropriate, should identify main features of property affected by the application. Applying to do Works on Protected Trees. 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. 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. The appellant may withdraw their appeal at any time. 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. Regulation 12 requires authorities to keep a register of all appeals under Orders they have made. Paragraph: 102 Reference ID: 36-102-20140306. Where a number of trees or operations are involved, it should make clear what work is proposed to which tree. 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. Paragraph: 133 Reference ID: 36-133-20140306. Paragraph: 095 Reference ID: 36-095-20140306. The authoritys consent is not required for carrying out work on a tree subject to an Order and cultivated for the production of fruit in the course of a business or trade if the work is in the interests of that business or trade. If you see work being carried out on a preserved tree or a tree in a conservation area please contact the Department for Place on 01702 215004 so that a check can be made as to whether permission has been granted. The local planning authority may also impose a condition requiring replacement planting when granting consent under an Order for the removal of trees. Applicants, agents and authorities must have regard to statutory obligations concerning protected species. Paragraph: 069 Reference ID: 36-069-20140306. Tree Preservation Orders can help protect woods and trees. Paragraph: 082 Reference ID: 36-082-20140306. To. 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. A TPO gives legal protection to an individual tree, group of trees, area or woodland. The authority is advised to bear in mind the limitations to its liability to pay compensation covered in the answers to the previous questions. Tree owners, their agents and authorities should consider biodiversity. Further site visits may be appropriate following emergency situations where on the initial visit the authority did not fully assess the amenity value of the trees or woodlands concerned. Paragraph: 090 Reference ID: 36-090-20140306. Unless work is urgently necessary because there is an immediate risk of serious harm, 5 working days prior written notice must be given to the authority before cutting down or carrying out other work on a dead tree. Nor is a section 211 notice required for: Paragraph: 132 Reference ID: 36-132-20140306. The authoritys consent is not required for carrying out work on trees and woodlands subject to an Order if that work is in compliance with any obligation imposed by or under an Act of Parliament. be fair and reasonable in the circumstances of each case; be imposed only where there is a definite need for it; and. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. 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. time within which an application may be made to the High Court; and. Thank you for taking time to read this page and the information we have provided. Paragraph: 081 Reference ID: 36-081-20140306. Trees can be protected either by a TPO or by being in a conservation area. Your experience on this site will be improved by allowing cookies. OK. Header Controller. However, both the authority and the appellant can apply for some or all of their appeal costs. The authority must ensure that applications clearly specify the proposed works and their timing or frequency. They protect individual trees, groups of trees or woods that are of particular value to local communities. The authority could, however, grant consent for less work than that applied for. The removal of countryside hedgerows is regulated under different legislation. Paragraph: 161 Reference ID: 36-161-20140306. The authority should consider visiting the site at this stage. A copy of the Order itself can be viewed on the Council's web site, on the. The form is available from the Planning Portal or the authority. 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. A TPO means that formal consent or permission is needed before any work is carried out on the tree. Click on the map to view the details of Tree Preservation Orders. People are not required to submit a section 211 notice to the local planning authority for: In either case, the diameter of the tree is to be measured over the bark of the tree at 1.5 metres above ground level. This include trees with a TPO that are found around properties. Whichever appeal procedure is used, the Inspector will consider: Paragraph: 103 Reference ID: 36-103-20140306. If you are having problems viewing the map, you can open the map directly here. the amount payable is limited to any depreciation in the value of the trees attributable to deterioration in the quality of the timber in consequence of the authoritys decision. Works cannot be done to any tree in the city, subject to a TPO, without prior approval from. 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. This need not be limited to that brought about by disease or damage to the tree. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. The register should include: Paragraph: 129 Reference ID: 36-129-20140306. Tree Preservation Orders in CCBC. Protecting trees in conservation areas gives guidance on the circumstances where a section 211 notice may be required. The Variation Order is located in Lakeside in the ward of Cyncoed. They should consider first discussing their ideas with an arboriculturist or the authoritys tree officer. 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. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. * map location should not be relied on for accuracy. Follow us on Facebook, Twitter for all the latest Council news. 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. 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. In certain circumstances, third parties may be able to apply for costs. This register must be available for inspection by the public at all reasonable hours. Authorities are encouraged to make their registers available online. Arboricultural advice from competent contractors and consultants, or the authority, will help to inform tree owners of their responsibilities and options. Paragraph: 061 Reference ID: 36-061-20140306. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. 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. 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. For works to trees that are subject to statutory protection through a Tree Preservation Order (TPO) or those in a Conservation Area the permission of the local planning authority will be. 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. The exceptions allow removal of dead branches from a living tree without prior notice or consent. It is expected that all vegetation control is carried out in accordance with best arboricultural practice. top. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. 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. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. Tree Preservation Orders (TPO) You must get permission for carrying out any work on a tree which is covered by a TPO. An authoritys tree strategy may identify localities or populations of trees as priorities for the making or reviewing of Orders. Failure to comply with a tree replacement notice is not an offence. It can also consider some form of publicity. be made to the authority on the standard application form published by the Secretary of State and available on the, include the information required by the form (the. Authorities must not consider applications that do not meet the applicable procedural requirements. 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. 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 map associated with each TPO is a historical document, it . But the place should at least correspond with the original position described in the Order and shown on the map. We can advise you based on the following fees: 1st hour - 125.00 (+ VAT) Subsequent charge per hour - 75.00 (+ VAT) They may also decide not to confirm the Order, which will stop its effect. 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. Paragraph: 147 Reference ID: 36-147-20140306. To enter Crown land the authority must first get consent from the relevant Crown body, which may impose conditions. Authorities must use the procedures set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 to vary or revoke any of their Orders. If a tree is covered by a TPO OR is in . The authority may ask the applicant about their legal interest in the tree and consult the trees owner. 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. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. The maximum fine for the wilful destruction of a TPO or Conservation Area tree is 20,000 per tree. The authority may wish to consult the Forestry Commission on the details of such a condition. Paragraph: 139 Reference ID: 36-139-20140306. You can find out whether a tree is covered by a TPO online: Tree. Conservation areas (trees within a conservation area are protected), Trees protected by a planning permission condition. If the danger is not immediate the tree does not come within the meaning of the exception. Section 210(4) of the Act sets out that it is also an offence for anyone to contravene the provisions of an Order other than those mentioned above. 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