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: 045 Reference ID: 36-045-20140306. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. top. The authority should consider varying the Order or making a new one to protect any replacement trees planted in a location not identified in the original Order. If your tree is protected then you will need to apply to the Council to carry out any work. Tree Preservation Order (TPO) Map. Unless you're sure that a tree or hedgerow is not protected, then you should not . The authority may enforce this duty by serving a tree replacement notice. 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. Paragraph: 017 Reference ID: 36-017-20140306. 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). Paragraph: 091 Reference ID: 36-091-20140306. 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). 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. Tree preservation orders Search for TPOs and trees in conservation areas. Replacement trees planted under a condition rather than because of an obligation under section 206 of the Town and Country Planning Act 1990 are not automatically protected by the original Order. 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. 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 authority can briefly explain whether or not it will be inviting comments on the application from local residents, authorities or groups, and whether it intends to visit the site. It is, however, important to gather enough information to be able to accurately map their boundaries. 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. They should therefore consider how best to demonstrate that they have made their decisions at this stage in an even-handed and open manner. an existing forestry dedication covenant; a grant scheme or loan administered by the Forestry Commission; and/or. Paragraph: 098 Reference ID: 36-098-20140306. You can view information relating to a specific TPO by clicking on the areas or trees marked. Paragraph: 037 Reference ID: 36-037-20140306. The courts have held that this means the nuisance must be actionable in law where it is causing, or there is an immediate risk of it causing, actual damage. Zoom in to the map to see where TPOs are in place. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. 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. Paragraph: 054 Reference ID: 36-054-20140306. The TPOs are located in St Mellons (in Trowbridge ward) and Riverside. 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. Paragraph: 041 Reference ID: 36-041-20140306. There are over 300 Tree Preservation Orders designated in the borough . Paragraph: 082 Reference ID: 36-082-20140306. Credit: Chris . An authority is only liable to pay compensation in certain circumstances and there are strict criteria and limitations. 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. However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. To conserve biodiversity it can be good practice to retain dead wood on living trees and at least the lower trunk of dead ancient or veteran trees unless, for example, safety reasons justify removal. A section 211 notice is not, and should not be treated as, an application for consent under an Order. Flowchart 6 shows the decision-making process regarding offences. Paragraph: 133 Reference ID: 36-133-20140306. Paragraph: 008 Reference ID: 36-008-20140306. 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. Paragraph: 001 Reference ID: 36-001-20140306. 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.. Paragraph: 104 Reference ID: 36-104-20140306. The 1963 Local Government (Planning and Development) Act, section 45 provided for the making of tree preservation orders by the planning authority where it is considered desirable to preserve trees on amenity grounds. It will take only 2 minutes to fill in. 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. any further information requested by the Inspector. Paragraph: 102 Reference ID: 36-102-20140306. Paragraph: 051 Reference ID: 36-051-20140306. Where a Tree Preservation Order may be justified, the officer should gather sufficient information to enable an accurate Order to be drawn up. The legislation provides no right of appeal to the Secretary of State against an authority either making or confirming an Order. The authority is advised to also assess the particular importance of an individual tree, of groups of trees or of woodlands by reference to its or their characteristics including: Where relevant to an assessment of the amenity value of trees or woodlands, authorities may consider taking into account other factors, such as importance to nature conservation or response to climate change. The authority has discretion whether to undertake wider notification and publicity if it considers this would be appropriate. The authority should acknowledge receipt in writing, confirming the date on which the complete application was received and the date after which an appeal may be made against non-determination. Regulation 3 requires that a TPO must define the position of the trees to which it relates by means of a map. Anyone can apply for consent under an Order. Paragraph: 096 Reference ID: 36-096-20140306. You can check to see if a property or area of land has a Tree Preservation Order on it, or if it is located within a Conservation Area, by looking at the council website or by contacting the local council (usually the planning department). Paragraph: 149 Reference ID: 36-149-20140306. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. Paragraph: 130 Reference ID: 36-130-20140306. 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: 121 Reference ID: 36-121-20140306. 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. 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. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. If you plan to carry out work to a protected tree/hedge you must submit an application form. The authority is advised to bear in mind the limitations to its liability to pay compensation covered in the answers to the previous questions. The notice should be served on the landowner. The authority can deal with a section 211 notice in one of three ways. This map is provided for indicative purposes only and should not be used for identification of land ownership. 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 . 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 will help to maintain and enhance the amenity provided by protected trees. 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: 137 Reference ID: 36-137-20140306. 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. Follow us on Facebook, Twitter for all the latest Council news. Paragraph: 127 Reference ID: 36-127-20140306. 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. The woodland category should not hinder beneficial woodland management. Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. For example, an authority may wish to replace an Order containing an area classification with new Orders protecting individual trees or groups of trees. This include trees with a TPO that are found around properties. It is important that the information on the form makes clear what the proposed work is and provides adequate information to support the case. It is important that the applicant provides the authority with any additional required information at the same time as the form. a copy of the Order (including the map); and. This file may not be suitable for users of assistive technology. In either case it should promptly inform the person who gave the notice. A general description of genera should be sufficient for areas of trees or woodlands. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard. 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. 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. A TPO means that formal consent or permission is needed before any work is carried out on the tree. It may be possible to bring a separate action for each tree cut down or damaged. Please enable scripts and reload this page. Paragraph: 039 Reference ID: 36-039-20140306. If any specified time limit expires, and the tree owner wishes to carry out a prohibited activity in respect of protected tree, a further application for consent has to be made. Applicants must provide reasons for proposed work. Paragraph: 043 Reference ID: 36-043-20140306. 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. The authority should first investigate whether or not an allegation that a contravention has taken place, or is about to take place, is true. Prosecutions cannot require remedial works to the tree but will, where appropriate, both punish offenders and deter potential offenders. One consideration would be to look at what is likely to happen, such as injury to a passing pedestrian. In addition, the authoritys consent is not needed in certain specific circumstances where the Regulations are deemed to have no effect. withdraw from public inspection the copy of the variation order which was made available when it was first made. the address of the land where the tree stands; sufficient information to identify the tree; the date of the authoritys decision date (if any); and, the cutting down, topping or lopping or uprooting of a tree whose diameter does not exceed 75 millimetres; or. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. 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, 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. 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. Unless there is an immediate risk of serious harm, anyone proposing to carry out work on a tree in a conservation area on the grounds that it is dead must give the authority 5 days notice before carrying out the proposed work. Prior discussion with the applicant should help the authority to set a mutually acceptable condition that makes clear the number, size, species and location of the replacement trees and the period within which they are to be planted. Paragraph: 059 Reference ID: 36-059-20140306. Tree Preservation Orders(TPO) apply to specific trees and woodlands in Cardiff to help protect them. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. 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. 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. But authorities should bear in mind that successful prosecutions for contravening Orders will be difficult where Orders do not show clearly which trees are meant to be protected. Paragraph: 026 Reference ID: 36-026-20140306. . Any request for such a dispensation should be put to the authority in writing. When determining applications for consent under an Order, the authority may: The authority must decide the application before it, so it should not issue a decision which substantively alters the work applied for. In order to view the map please accept the following disclaimer. Tree owners, their agents and contractors, statutory undertakers and other bodies should take care not to exceed an exception. 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 requirements an authority must meet when varying an Order will depend on whether or not additional trees will be protected. The Planning Inspectorate publishes the appeal form and detailed guidance on the appeal process. A Tree Preservation Order (TPO) is a special form of control for trees on private property. In such cases authorities should bear in mind any unfinished matters relating to the old Order. For policy inquiries telephone 029 2082 3883, or write to: Decisions Branch, Planning Division, . Any request for the authority to use this power should be made in writing. A TPO does not stop works that need to be carried out to a tree. Protecting trees in conservation areas gives guidance on the circumstances where a section 211 notice may be required. Paragraph: 135 Reference ID: 36-135-20140306. under tree preservation orders which were made after 2 August 1999. Orders should be made in respect of trees where it appears necessary in connection with the grant of permission. Paragraph: 156 Reference ID: 36-156-20140306. The authority must make a copy of the variation order available for public inspection. The authority can enforce tree replacement duties by serving a tree replacement notice. If you'd like to know more about the range of services our specialist tree surgeons closest to you are able to provide, we recommend that you contact our team today! Normally, they are set in place because it's the habitat for wildlife and they need protecting. Paragraph: 150 Reference ID: 36-150-20140306. The woodland categorys purpose is to safeguard a woodland as a whole. Paragraph: 025 Reference ID: 36-025-20140306. The Town and Country Planning Act 1990 and the Civil Procedure Rules 1998 set out the application process. Authorities should liaise with the Forestry Commission if they believe there has been a contravention of the felling licence provisions of the Forestry Act 1967. The authority may wish to consult the Forestry Commission on the details of such a condition. In such cases the authority should make the scope, timing and limit of the work clear. However, it is required to secure the consent of the appropriate authority before entering Crown land to enforce the notice. where the trees are to be planted (including a plan showing their position); the period at the end of which the notice is to take effect (the period specified must be a period of not less than 28 days beginning with the date of service of the notice); a date by when the tree replacement notice should be complied with (the authority should consider what the landowner can reasonably do); that the landowner can appeal against the notice (further guidance can be found at, reference to the relevant Order or conservation area, further information about the landowners right of appeal against the notice, an explanation of what will happen if the landowner fails to comply with the notice, contact details of an authority officer who can deal with queries, expenses incurred for the purposes of complying with a tree replacement notice; or, sums paid to the authority for planting replacement trees themselves. , Twitter for all the latest Council news the form not require remedial works to the previous questions to! 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