Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. Sponsor a tree scheme This scheme allows you to pay for a tree to be planted on the public highway. Apply for tree works consent. Anyone considering challenging the validity of an Order in the High Court is advised to seek legal advice. It could be to protect an extremely old, or rare tree for amenity value. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. Here nuisance is used in its legal sense, not its general sense. 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. Tree Preservation Orders (TPOs) We are responsible for protecting trees under the Town and Country Planning Act 1990. Authorities may also refer to existing registers, recording trees of particular merit, to assist in their selection of trees suitable for inclusion in an Order. It is important that trees are inspected regularly and necessary maintenance carried out to make sure they remain safe and healthy. 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 do not apply to general activities that may be endangering protected trees. 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. Trees provide psychological refreshment and a sense of well-being by softening the urban environment, so stress and illness levels are often lower when trees are planted. TPOs were (are? TREE PRESERVATION ORDERS (TPOs) TPOs are administered by Local Planning Authorities (LPA) (e.g. Whether or not they make an Order, authorities can consider encouraging landowners to bring their woodlands into proper management under the grant schemes run by the Forestry Commission. If the necessary requirements are met, the authority should validate the application. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. uproot Any branches should be pruned or cut back. The topic Tree Protection orders how to override? is closed to new replies. 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. After following our advice, 150 trees were saved, with the remainder just coppiced. With trash, play and create. Authorities can either initiate this process themselves or in response to a request made by any other party. This duty applies when an authority discharges its enforcement powers, including rights of entry, gathering samples from trees or of soil and taking statements. 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. Email: treeadmin@waverley.gov.uk and include a. TPOs can be placed on any tree that has amenity value. Local planning authorities are encouraged to liaise with the Forestry Commission when considering making a Tree Preservation Order on land in which the Forestry Commission has an interest. Paragraph: 123 Reference ID: 36-123-20140306. What gets me is nice old trees that IMO should be under a TPO get totally chopped down by the council all the time because theyre next to a road and theres a risk of something falling off in a storm. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the appropriate authority). 2. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. Paragraph: 031 Reference ID: 36-031-20140306. After deciding not to confirm an Order the authority must still record this decision on endorsing the Order. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. Breaching a TPO can result in a maximum fine of 20,000. These trees may appear to be a part of the hedge, but they should not be overly trimmed, lopped, or topped. Local planning authorities have specific powers to protect trees by making tree preservation orders, although Natural Resources Wales is responsible for the control of felling of woodland trees. Where a Tree Preservation Order (TPO) is made, under Section 198 of the Town & Country Planning Act 199. A tree that is granted a TPO is usually one that is situated in a public space and is considered to be significantly historic, hold a certain amenity value, or is an important part of the eco-system. 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. Paragraph: 156 Reference ID: 36-156-20140306. However, the authority may decide to set a different time limit with a condition in the consent. A TPO or Tree Preservation Order, to give it the full name, is an order to protect one or more trees. Paragraph: 140 Reference ID: 36-140-20140306. consider, in the light of this assessment, whether or not the proposal is justified, having regard to the reasons and additional information put forward in support of it; consider whether any requirements apply in regard to protected species; consider other material considerations, including development plan policies where relevant; and. The Town and Country Planning (Tree Preservation)(England) Regulations 2012 introduced a single set of procedures for all trees covered by tree preservation orders. 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. Regulation 14 of the Town and Country Planning General Regulations 1992 applies sections 276 (power to sell materials removed during work), 289 (power to require occupiers to allow work to be carried out by the owner) and 294 (limit on liability of agents or trustees) of the Public Health Act 1936 to tree replacement notices. Trees in conservation areas. Tree Preservation Orders A Tree Preservation Order, or TPO, is usually made by a local planning authority (often the local council) to protect a specific tree or woodland from deliberate damage and destruction. Buy a house and fail to notice a colossal tree in the garden?.. For all other areas of Cumbria, pop your postcode in the Government website and itll direct you to your local TPO map finder. Before authorities make or confirm an Order they should be able to show that protection would bring a reasonable degree of public benefit in the present or future. a borough, district or unitary council or a national park authority) and are made to protect trees that bring significant amenity benefit to the local area. Cant believe TPO can be arbitrarily applied to a privately owned tree without some recourse to appeal and an impact assessment of some kind. The standard application form requires evidence that demonstrates that the tree is a material cause of the problem and that other factors have been eliminated as potential influences so far as possible. It must clearly indicate modifications on the Order, for example by using distinctive type. The same duty applies if a tree in a conservation area is removed because it is dead or presents an immediate risk of serious harm. The same penalties as those for contravening an Order apply. A section 211 notice does not have to be in any particular form. Trees play a vital role in safeguarding the climate and wildlife. 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. Often, trees on private property are subject to Tree Preservation Orders (TPOs) which are set by the local authority and ban the owners of the property from cutting down or felling the trees without the explicit consent of the local authority. decide not to make an Order and allow the 6-week notice period to end, after which the proposed work may be done within 2 years of the date of the notice. Appeals must be made to the Planning Inspectorate, which handles appeals on behalf of the Secretary of State, before the notice takes effect. Where an application relates to trees in a conservation area the authority must pay special attention to the desirability of preserving or enhancing the character or appearance of that area. (Id assume that if she tries it feels unsafe as a reason to overrule the TPO, thats the first thing the council would respond with too), PS, I will be more sympathetic to anyone that lives in my house in 150 years after my redwood starts to hit maturity. 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. Paragraph: 007 Reference ID: 36-007-20140306. Where an authority decides not to confirm a variation order that adds trees it must: Paragraph: 055 Reference ID: 36-055-20140306. 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. Paragraph: 020 Reference ID: 36-020-20140306. But I didnt mean to sound like one. 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. 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. 1. if the tree is sick or dying, or you have other concerns about the tree, we recommend bringing in a qualified arborist to inspect and analyse your TPO tree and discuss the best course of action. 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. be accompanied, as applicable, by appropriate evidence describing any structural damage to property or in relation to tree health or safety. To avoid the need for repeated notices over a relatively short period of time, one notice may, where appropriate, be submitted for repeated operations, phased works or programmes of work. 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. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. Campaigner Nick Rau explains. A TPO makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or destroy protected trees without written consent from the local authority. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. The applicant has the right to appeal to the Secretary of State if an authority fails to determine an application within an 8-week period. 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. 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. They should demonstrate that the proposal is a proportionate solution to their concerns and meets the requirements of sound arboriculture. Click the "Report a problem here" button or click on the map to get started. Request a copy of a TPO. Authorities considering making an Order on or near civil or military aerodromes are advised to consult the owner or operator, or the Ministry of Defence. The Crown must give 6 weeks notice for works to trees in a conservation area, unless an exception applies or the local planning authority has given consent. Flowchart 4 shows the decision-making process regarding compensation. Anyone can apply for consent under an Order. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. 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. When faced with what they believe are unauthorised works to protected trees, local authorities may: Paragraph: 141 Reference ID: 36-141-20140306. The Order will protect only those trees standing at the time it was made, so it may over time become difficult to be certain which trees are protected. The tree, on the other hand, can be trimmed only if it is to maintain its health or if the trimming has no effect on growth. What is the advantages and disadvantages of food preservation? An Order prohibits the: of trees without the local planning authoritys written consent. Paragraph: 144 Reference ID: 36-144-20140306. The order may cover anything from a single tree to woodlands. A Tree Preservation Order is made by the council, giving legal protection to trees or woodland. Find out more about submitting a request, what happens next, and some useful tips in "Protecting trees, woodlands and hedgerows: a practical guide". Did need some form filling etc but it got approved but had to plant 3 replacement trees nearby. Dont include personal or financial information like your National Insurance number or credit card details. Whose series of experiments identified the nucleus of the atom? When deciding what is necessary to prevent or abate a nuisance, tree owners and, where applicable, their neighbours and local authorities, should consider whether steps other than tree work might be taken. They can also advise whether issuing a TPO is appropriate. . Paragraph: 138 Reference ID: 36-138-20140306. This exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. 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 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. there is no need for Orders made before 6 April 2012 to be remade, amended or reissued. it shall not be required to pay compensation other than to the owner of the land, it shall not be required to pay compensation if more than 12 months have elapsed since the date of the authoritys decision, or, in the case of an appeal to the Secretary of State, the final determination of that appeal. It should consider whether that loss or damage has arisen within the 12 months following its decision or, in the case of an appeal to the Secretary of State, the final determination of that appeal. Lopping is the process of trimming tree branches in order to reduce and change the size of the tree. Where an authority considers there has been a breach of planning control and immediate action is required to stop an activity endangering the amenity of the area, Section 171E of the Town and Country Planning Act 1990 enables the authority to issue a temporary stop notice. When making a TPO application it's important to stress to the council both a tree's visual amenity value and any documented records of wildlife it supports. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. the authority has granted consent for felling in the course of forestry operations all or part of a woodland area to which an order applies; the Forestry Commission decides not to make any grant or loan under, decide not to make an Order and inform the person who gave notice that the work can go ahead; or. Tree Preservation Orders (TPOs) give councils the power to protect trees. 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. Trees that are exempt from TPOs are those that are dead, dying, diseased or dangerous and fruit trees grown for the commercial production of fruit. Things would have worked out, except for some busybody phoning the council who then slapped a TPO onto a tree that had been there for years without one. The order would have been requested and approved in the first place for a reason, so consider that against why youre asking it to be removed before making the request. Just apply for planning, once its in place getting a tpo removed is near impossible but they may grant planning to remove a tree with a tpo. 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