When considering whether to prosecute, the authority should have regard to the Code for Crown Prosecutors and its own enforcement and prosecution policies. Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area (if that tree is not already protected by an Order), or causes or permits such work, without giving a section 211 notice (or otherwise contravenes section 211 of the Town and Country Planning Act 1990) is guilty of an offence, unless an exception applies. This could include felling, lopping, topping, uprooting or otherwise wilful damage. Paragraph: 062 Reference ID: 36-062-20140306. Paragraph: 095 Reference ID: 36-095-20140306. Although some trees or woodlands may merit protection on amenity grounds it may not be expedient to make them the subject of an Order. top. A tree preservation order (TPO) is placed if the council decides that a tree has a high aesthetic value. contribution to, and relationship with, the landscape; and. Paragraph: 053 Reference ID: 36-053-20140306. This must be at least 21 days from the site notices date of display. Further details are available in the Planning Inspectorates appeals guidance. A Tree Preservation Order is an order made by a Local Planning Authority (LPA). In these circumstances the authority is advised to vary the Order to bring it formally up to date. an existing forestry dedication covenant; a grant scheme or loan administered by the Forestry Commission; and/or. 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. 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. Section 210(3) provides that, in determining the amount of fine, the court shall take into account any financial benefit which has resulted, or is likely to result, from the offence. For significant changes that alter the nature of a proposal, for example where consent is sought for felling instead of pruning, the applicant should withdraw the original application and submit a new one. The local planning authority can only serve a tree replacement notice within 4 years from the date of the landowners failure to replant as soon as he or she reasonably could (see section 207(2) of the Town and Country Planning Act 1990). 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. 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. It is not a charge on any other land. The burden of proof to show, on the balance of probabilities, that work fell within the terms of a statutory exemption is placed on the defendant. A section 211 notice does not have to be in any particular form. It may be served electronically if the landowner has provided their electronic address to the authority (see section 329(1)(cc) of the Act). If your tree is protected then you will need to apply to the Council to carry out any work. When you know of a conservation order on trees and are unsure why it is there, then you could ask your local council. The standard form of Order shows what information is required. The area category is one way of protecting individual trees dispersed over an area. 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. When granting planning permission authorities have a duty to ensure, whenever appropriate, that planning conditions are used to provide for tree preservation and planting. 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. Paragraph: 162 Reference ID: 36-162-20140306. The authority can enforce tree replacement by serving a tree replacement notice. Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. Applying to do Works on Protected Trees. The orders cover individual. Paragraph: 146 Reference ID: 36-146-20140306. The authority should consider duly submitted objections when deciding whether the proposals are inappropriate and whether an Order should be made. 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. Paragraph: 091 Reference ID: 36-091-20140306. The map associated with each TPO is a historical document, it . Tree Preservation Orders Conservation areas (trees within a conservation area are protected) Trees protected by a planning permission condition To use: Enter a postcode or part of an address. 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. 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 area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. If your tree is protected in either of these ways then you will need to apply for permission before doing any works. TPOs prohibit felling and damage to trees without the written consent of the local planning authority. 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. Any question of disputed compensation must be referred to, and determined by, the Lands Chamber of the Upper Tribunal. Paragraph: 126 Reference ID: 36-126-20140306. Another example is government authorities requiring the destruction of particular trees to tackle a serious plant disease. if possible, some photographs of the tree in its current state. Paragraph: 020 Reference ID: 36-020-20140306. If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament. 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. People should not submit a section 211 notice until they are in a position to present clear proposals. Tree Preservation Order (TPO) Map. Find out more about Mid Sussex District Council news by visiting our Newsroom. They do not apply to general activities that may be endangering protected trees. 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. The authority should make absolutely clear in its decision notice what is being authorised. The link below will navigate you an interactive map where you can search for TPOs throughout the. It contains guidance for existing trees on site as well as integrating new trees. the defendant has carried out, caused or permitted this work. . time within which an application may be made to the High Court; and. 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. They are made to protect individual trees, groups of trees or woodlands which have . The authority is responsible for enforcing all conditions in a consent, so its decision notice should clearly state the reasons for its conditions. Regulation 3 requires that a TPO must define the position of the trees to which it relates by means of a map. 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: 097 Reference ID: 36-097-20140306. Enter a postcode or part of an address to locate a site. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. These procedures may require close liaison between tree officers, enforcement officers and legal advisers. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. The authority can deal with a section 211 notice in one of three ways. Paragraph: 158 Reference ID: 36-158-20140306. 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. Where appropriate, authorities should encourage single applications for regularly repeated operations and phased works or programmes of work on trees under good management. Paragraph: 151 Reference ID: 36-151-20140306. Paragraph: 156 Reference ID: 36-156-20140306. Authorities can revoke an Order and at the same time make a new Order or new Orders to take its place. 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. Paragraph: 136 Reference ID: 36-136-20140306, Section 210(1) and section 202C(2) of the Town and Country Planning Act 1990 provide that anyone who, in contravention of a Tree Preservation Order. Part of: Planning guidance for the public First published: 15 November 2013 How to Remove a Tree Preservation Order 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. A Tree Preservation Order (TPO) is put in place to preserve single or groups of trees which are acknowledged amenity value. In addition, authorities are encouraged to resurvey existing Orders which include the area category. When applying for consent to remove trees, applicants should include their proposals for replacement planting. In addition, the authority must make available a copy of the Order at its offices. 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. However, there are strict criteria and limitations on what compensation may be payable. Paragraph: 012 Reference ID: 36-012-20140306. Paragraph: 123 Reference ID: 36-123-20140306. Trees in conservation areas that are more than 7.5cm in diameter at 1.5 metres above the ground have protection, as if they have a TPO. lop. 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. Paragraph: 071 Reference ID: 36-071-20140306. 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. The requirements an authority must meet when varying an Order will depend on whether or not additional trees will be protected. 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. Flowchart 2 shows the process for revoking Orders. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. 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. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. In urgent cases or where admission has been, or is reasonably expected to be, refused, a magistrate can issue a warrant enabling a duly authorised officer to enter land. 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. Trees can be protected either by a TPO or by being in a conservation area. This file may not be suitable for users of assistive technology. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. 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: 092 Reference ID: 36-092-20140306. This act . If an authority wants to vary an Order to add new trees, it must follow procedures additional to those for varying an Order without adding trees. The appellant or the authority may appeal to the High Court against the Secretary of States decision on an appeal against a tree replacement notice (see section 289(2) of the Town and Country Planning Act 1990) on a point of law. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. This is because the purpose of the Order is to safeguard the woodland as a whole, which depends on regeneration or new planting. They may also decide not to confirm the Order, which will stop its effect. Paragraph: 016 Reference ID: 36-016-20140306. 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. The Order must specify the trees or woodlands as being within 4 categories (individual, area, group and woodland). The authority may wish to provide information to help them resubmit an appropriate notice. However, proceedings cannot commence more than 3 years after the date the offence was committed. 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. 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). The woodland categorys purpose is to safeguard a woodland as a whole. Generally, the decision is to be taken by a committee or officer of the authority other than the one with responsibilities for management of the land in question. The authority should discuss the issue with the landowner and offer relevant advice. 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. Paragraph: 063 Reference ID: 36-063-20140306. on land in which the county council holds an interest. Flowchart 1 shows the process for making an Order. A Tree Preservation Order is made by the council, giving legal protection to trees or woodland. The authoritys consent is otherwise generally required for carrying out prohibited activities to a fruit tree protected by an Order and not cultivated on a commercial basis. But, where an alleged action falls short of the definition in section 210 of the Town and Country Planning Act 1990, section 1(1) of the Criminal Attempts Act 1981 may provide an alternative route in some cases where unauthorised work has been attempted. The authority should ensure that all notified parties are given at least 28 days from the date of the notice to submit their representations. guide the applicant generally about Tree Preservation Order procedures and the authoritys policies; and. One example is work urgently necessary to remove an immediate risk of serious harm. A tree preservation order (TPO) is a written order which makes it an offence to cut down, top, lop, uproot, wilfully damage, or destroy a tree protected by the order without our permission. 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 . 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. 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. The authority cannot validate an application that does not satisfy the necessary requirements. 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. Flowchart 7 shows the decision-making process regarding tree replacement. 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. The local planning authority has powers only to enforce the duty to plant one tree to replace one other. A Tree Preservation Order (TPO) is a legally enforceable order used to protect trees, groups of trees and woodland that contribute to local amenity. An injunction is a court order prohibiting a person from taking a particular action. This duty also applies if a tree outside woodland is removed because it is dead or presents an immediate risk of serious harm. * map location should not be relied on for accuracy. 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. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. the possibility of a wider deterrent effect. The authority may wish to attach to its decision notice advice and information (sometimes known as an informative) relating to the decision. Appeals must be made to the Planning Inspectorate, which handles appeals on behalf of the Secretary of State, before the notice takes effect. Paragraph: 076 Reference ID: 36-076-20140306. A section 211 notice must describe the work proposed and include sufficient particulars to identify the tree or trees. This law means you have to give us six weeks notice before carrying out certain works on these trees, unless an exception applies. Work should only be carried out to the extent that it is necessary to remove the risk. If the local authority has not decided an application for consent within 8 weeks from the day it is received, then the applicant may appeal on grounds of non-determination. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the appropriate authority). These exemptions do not apply in circumstances where a tree has more than one stem at a point 1.5 metres above the natural ground level if any stem when measured over its bark at that point exceeds the relevant minimum. Paragraph: 098 Reference ID: 36-098-20140306. This need not be limited to that brought about by disease or damage to the tree. 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: 064 Reference ID: 36-064-20140306. 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 Orders effect will stop on the date of its decision, which must be recorded on the Order. Protected and Dangerous Trees. The authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. 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. Once a TPO is served, the tree does not become the responsibility of the Council. A general description of genera should be sufficient for areas of trees or woodlands. So the authority cannot: Paragraph: 118 Reference ID: 36-118-20140306. Paragraph: 113 Reference ID: 36-113-20140306. 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. In the Secretary of States view, cutting roots is also a prohibited activity and requires the authoritys consent. Paragraph: 153 Reference ID: 36-153-20140306. This will help the authority to ensure that approved work has not been exceeded and support enforcement. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. The authority must keep available for public inspection a register of all section 211 notices. Paragraph: 031 Reference ID: 36-031-20140306. These appeals are handled by the Planning Inspectorate on the Secretary of States behalf. Paragraph: 166 Reference ID: 36-166-20140306. An Order comes into effect on the day the authority makes it. 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: 157 Reference ID: 36-157-20140306. For the purposes of the Act, a person does not have to obliterate a tree in order to destroy it. Anyone carrying out work to a tree, even under an exception, should ensure they do not contravene laws protecting wildlife. In addition, authorities may wish to set up a programme to review Orders that include the area classification. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. Paragraph: 025 Reference ID: 36-025-20140306. Orders covering a woodland protect the trees and saplings of whatever size within the identified area, including those planted or growing naturally after the Order was made. 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 . development under a planning permission has not been commenced within the relevant time limit (ie the permission has expired); only outline planning permission has been granted; and. It may: While bearing in mind the 6-week notice period, the authority should allow sufficient time for it to receive objections to the work. Trees in churchyards may be protected by an Order. An authority is only liable to pay compensation in certain circumstances and there are strict criteria and limitations. 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. The authority is advised to refer a section 211 notice containing insufficient or unclear information back to the person who submitted it. 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. The Planning Inspectorate publishes the appeal form and detailed guidance on the appeal process. 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. Any type of tree can be protected by a TPO regardless of its species; this includes hedgerow trees, but not hedges, bushes or shrubs. Only one copy of each application document needs to be submitted. Before deciding whether to confirm an Order, the local authority must take into account all duly made objections and representations that have not been withdrawn. Many trees in Exeter are protected by Tree Preservation Orders (TPO's) and trees in conservation areas are given automatic protection. There are many reasons why not everybody wants tree cutting nearby done to them, it might be because of the wildlife but it might also be because of the privacy and noise reduction the trees offer. Tree Preservation Orders (TPO) These orders are made and managed by local authorities. An Inspector makes a decision in light of the grounds of appeal and: Alternatively, the appeal may be heard by an Inspector at a hearing or public local inquiry. Paragraph: 119 Reference ID: 36-119-20140306. Paragraph: 155 Reference ID: 36-155-20140306. 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. 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. You may be trying to access this site from a secured browser on the server. It may be helpful to seek expert arboricultural and ecological advice. Applicants must provide reasons for proposed work. Paragraph: 164 Reference ID: 36-164-20140306. within 12 months of the date of the Secretary of States decision (if an appeal has been made). Short-Term protection in an emergency and may not be suitable for users of assistive technology found at paragraph.! File may not be expedient to make them the subject of an Order where a tree... With each TPO is served, the authority should make absolutely clear in its decision notice what is authorised... 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