A TPO prevents cutting down, uprooting, topping, lopping, wilful damage or destruction of trees (including cutting roots) without our permission. If the authority has decided not to confirm an Order it should promptly notify all people previously served with the made Order and withdraw the publicly available copy. Paragraph: 093 Reference ID: 36-093-20140306. Paragraph: 040 Reference ID: 36-040-20140306. Section 192 of the Planning Act 2008 made further amendments to the 1990 Act which allowed for the transfer of provisions from within existing Tree Preservation Orders to regulations. If it does not make such a condition it cannot serve a tree replacement notice requiring replacement. The removal of countryside hedgerows is regulated under different legislation. This register must be available for inspection by the public at all reasonable hours. Prosecutions cannot require remedial works to the tree but will, where appropriate, both punish offenders and deter potential offenders. 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. If in doubt they are advised to seek advice from the authority or Natural England on how to proceed. Flowchart 3 shows the process for applications to carry out work to protected trees. Paragraph: 003 Reference ID: 36-003-20140306. In the Secretary of State’s view, cutting roots is also a prohibited activity and requires the authority’s consent. The Environment Agency does not need to obtain the authority’s consent before cutting down, topping, lopping or uprooting trees protected by an Order to enable it to carry out its permitted development rights. All content is available under the Open Government Licence v3.0, except where otherwise stated, If you use assistive technology (such as a screen reader) and need a Flowchart 6 shows the decision-making process regarding offences. The applicant is not necessarily required to provide a formal scaled location or site plan. Authorities can only confirm an Order within a 6 month period beginning with the date on which the Order was made. Paragraph: 072 Reference ID: 36-072-20140306. If you have an enquiry and would like us to call you, please fill out the form below. TPOs make the felling, … A tree preservation order (TPO) is issued by the council to protect trees and woodlands. The standard form of Order provides examples of how information should be recorded in a schedule. Serious offences may be committed to trial in the Crown Court where, if … Paragraph: 080 Reference ID: 36-080-20140306. However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. guide the applicant generally about Tree Preservation Order procedures and the authority’s policies; and. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Tree preservation orders. Objections to a new Tree Preservation Order can be made on any grounds. Flowchart 1 shows the process for making an Order. Applications for consent 31. 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. Tree protection does not prevent you working on your trees, but you do have to get consent from the Council first. 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. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the ‘appropriate authority’). These appeals are handled by the Planning Inspectorate on the Secretary of State’s behalf. The authority cannot validate an application that does not satisfy the necessary requirements. It must clearly indicate modifications on the Order, for example by using distinctive type. Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. We’ll send you a link to a feedback form. Paragraph: 107 Reference ID: 36-107-20140306. For example, there may be engineering solutions for structural damage to buildings. The authority must make a formal note of its final decision by endorsing the Order and recording the date. 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. The standard form of Order includes a draft endorsement for variation. Paragraph: 053 Reference ID: 36-053-20140306. Paragraph: 126 Reference ID: 36-126-20140306. These factors alone would not warrant making an 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. Paragraph: 158 Reference ID: 36-158-20140306. If the authority decides an application is invalid the applicant may have the right of appeal. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. Tree Preservation Orders: A guide to the Law and Good Practice. However, the authority cannot enter Crown land without consent from the appropriate Crown body. 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. Flowchart 5 shows the decision-making process regarding notices for work to trees in a conservation area. 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. If the authority grants consent it will be for the applicant to get any necessary permission (for access to the land, for example) from the owner, before carrying out the work. 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… An authority’s tree strategy may identify localities or populations of trees as priorities for the making or reviewing of Orders. 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. The judge fined Beale £2,700, ordered him to pay costs of £15,500 and for £40,579 to be confiscated to reflect the property’s increase in value. A programme of works could describe the classes of works which will need to be carried out as routine maintenance during the specified period. A plan is not mandatory but can be helpful. Carrying out unauthorised work to a protected tree is an offence and can result in a fine of up to £20,000 or for a more serious offence, an unlimited fine. Up until 1925, all land in England and Wales was unregistered and without possession of your title deeds it became very difficult to prove t... What is a right to light? As a precaution, it is advised that the details of each individual case are checked carefully. The local planning authority and the appellant normally meet their own expenses. A section 211 notice must describe the work proposed and include sufficient particulars to identify the tree or trees. Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. Paragraph: 019 Reference ID: 36-019-20140306. Paragraph: 106 Reference ID: 36-106-20140306. This will also apply to trees within a conservation area. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. The form is available from the Planning Portal or the authority. 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. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. specify the particular trees, groups of trees or woodlands in question; in the case of an objection, state the reasons for the objection; In a particular case, the authority is satisfied that compliance with the above requirements could not reasonably have been expected. 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. They are liable, if convicted in the Magistrates’ Court, to a Level 3 fine (currently up to £1,000). It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. For more information on Tree Preservation Orders: D.E.T.R., 2000. Carrying out unauthorised work to a protected tree is an offence and can result in a fine of up to £20,000 or for a more serious offence, an unlimited fine. They may also decide not to confirm the Order, which will stop its effect. In such cases the authority should make the scope, timing and limit of the work clear. Before making an Order a local planning authority officer should visit the site of the tree or trees in question and consider whether or not an Order is justified. Paragraph: 005 Reference ID: 36-005-20140306. Tree Preservation Order (TPO) A Tree Preservation Order (TPO) is an order made by us, giving legal protection to trees or woodland. A potential applicant or their agent may wish to first discuss the proposal informally with the authority. Paragraph: 025 Reference ID: 36-025-20140306. Protected trees can be of any size or species. Prosecutors should ensure that evidence at trial is restricted only to establishing the elements of the offence. 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. 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. Flowchart 3 shows the decision-making process for applications for consent to undertake work on protected trees. The authority may also serve a tree replacement notice to enforce any unfulfilled condition of consent granted under a Tree Preservation Order, or imposed by the Secretary of State on appeal, that requires tree replacement. Whichever appeal procedure is used, an application can be made for an award of costs on the grounds of another party’s unreasonable behaviour which causes unnecessary expense. Paragraph: 071 Reference ID: 36-071-20140306. Authorities should consider how best to be in a position to respond to enquiries about whether particular trees in their area are protected. The authority should use its power to impose conditions to ensure that tree work or planting is carried out in accordance with good arboricultural practice. A programme including tree felling should be more specific and should, where appropriate, cater for replacement tree planting. Paragraph: 062 Reference ID: 36-062-20140306. Housing developer fined for breaking a tree preservation order. In addition, a confirmed Order should be recorded promptly in the local land charges register as a charge on the land on which the trees are standing. In these cases the authority should satisfy itself that the proposed works are appropriate for this type of consent and that the relevant evidence supports this. Section 209 of the Town and Country Planning Act 1990 gives authorities powers to take action where a replacement tree has not been planted within the compliance period or within such extended period as the authority may allow. Appeals must be made to the Planning Inspectorate, which handles appeals on behalf of the Secretary of State, before the notice takes effect. Paragraph: 162 Reference ID: 36-162-20140306. Damaging or working on a protected tree is a serious criminal offence. The various grounds on which an appeal may be made are set out in Regulation 19. Any request for such a dispensation should be put to the authority in writing. Mr Beale’s defence barrister did not make any mitigating remarks other than to point out that Mr Beale had pleaded guilty soon after seeking legal advice. Paragraph: 035 Reference ID: 36-035-20140306. In either case it should promptly inform the person who gave the notice. The authority should also take into account the legal duty to replace trees. This will help the authority to ensure that approved work has not been exceeded and support enforcement. In this case, the protected trees are not evident on the property. Authorities are advised to enter ‘None’ against any categories not used in the Order. However, if work is proposed to trees other than those immediately affected by a proposed development then a separate section 211 notice should be submitted. Also, in some cases, accidental destruction of a protected tree is not an offence. The authority’s main consideration should be the amenity value of the tree. So authorities are advised to keep their Orders under review. 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. Before starting work on any tree, we strongly recommend that you check its status with us by emailing details, including the location and a description of the work you wish to carry out. Generally they are trees that can be seen from public spaces and add amenity value to the local community. Application to carry out work to protected trees. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. In addition, the authority’s consent is not needed in certain specific circumstances where the Regulations are deemed to have no effect. In fact, most don’t! The authority may decide to notify other people, groups, authorities and organisations (such as parish councils and the Forestry Commission). If consent is given, it can be subject to conditions which have to be followed, much the same as planning permissions. It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. the address of the land where the tree stands; sufficient information to identify the tree; the date of the authority’s decision date (if any); and, the cutting down, topping or lopping or uprooting of a tree whose diameter does not exceed 75 millimetres; or. Paragraph: 017 Reference ID: 36-017-20140306. 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. Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. In Scotland TPOs can also be used to protect trees of historic or cultural significance. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. When considering whether to prosecute, the authority should have regard to the Code for Crown Prosecutors and its own enforcement and prosecution policies. trees standing when the Order was made have been removed (lawfully or otherwise); trees, for whatever reason, no longer merit protection by an Order; new trees meriting protection by an Order have been planted; the map included in the original Order is now unreliable; the Order includes classifications that no longer provide appropriate or effective tree protection; or. ‘Protecting trees in conservation areas’ gives guidance on the circumstances where a section 211 notice may be required. Paragraph: 013 Reference ID: 36-013-20140306. Paragraph: 098 Reference ID: 36-098-20140306. Paragraph: 142 Reference ID: 36-142-20140306. In serious cases for trial in the Crown Court, if convicted the fine maybe unlimited. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. The authority must notify the occupier at least 24 hours’ before entering a dwelling or occupied land. Judge Stephen Climie told Beale he had “enhanced the value of what was a property of already very substantial value indeed” and that failing to enter “even into the barest consultation” with his neighbour about the work was an aggravating factor. The authority should consider duly submitted objections when deciding whether the proposals are inappropriate and whether an Order should be made. It may not be necessary (or practical) for the replacement tree to be planted in the exact position of the original tree. costs incurred in making an appeal to the Secretary of State against the refusal of any consent or the grant of consent subject to conditions. In serious cases for trial in the Crown Court, if convicted the fine maybe unlimited. Paragraph: 074 Reference ID: 36-074-20140306. The duty attaches to subsequent owners of the land. Eric Gadsden (on behalf of W E Black Limited and individually) pleaded guilty at St Albans Magistrates' Court on Wednesday 19 August and received a fine of £1,500 and ordered to pay costs of £2,500 … The authority can enforce tree replacement by serving a ‘tree replacement notice’. Authorities are advised to only use this category as a temporary measure until they can fully assess and reclassify the trees in the area. Paragraph: 140 Reference ID: 36-140-20140306. The same penalties as those for contravening an Order apply. Don’t include personal or financial information like your National Insurance number or credit card details. ''It's not like I was drilling holes in the night to get a view,'' said Mr Petrou, who used to climb the tree when he was a child. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. I did not intend for this report to canv… Trees protected by a Tree Preservation Order. This notice period gives the authority an opportunity to consider whether to make an Order on the tree. 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. It is a criminal offence to cut down, top, lop, uproot, wilfully damage, or destroy a protected tree. 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. You can get a quote without obligation for buying or selling a property with our free conveyancing quote generator. Identification Of Tree(s) And Description Of Work . When applying for consent to remove trees, applicants should include their proposals for replacement planting. Under the Planning and Development Act 2000, local authorities can issue TPOs on a tree or a group of trees that it feels deserves protection. 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. A TPO is made by a local planning authority to protect specific trees or a particular area, group or woodland from deliberate damage and destruction if those trees are important for the amenity of the area. 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. The authority is responsible for determining applications it makes to itself. A Word version of the standard form is available. Paragraph: 016 Reference ID: 36-016-20140306. Open maps. The validity of an Order cannot be challenged in any legal proceedings except by way of application to the High Court on a point of law. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. Paragraph: 085 Reference ID: 36-085-20140306. What they share in common is that as Acts of Parliament (and Regulations) they are promulgated by state and territory parliaments. For example: Paragraph: 100 Reference ID: 36-100-20140306. An injunction is a court order prohibiting a person from taking a particular action. This may include: Paragraph: 022 Reference ID: 36-022-20140306. See guidance on tree size in conservation areas. 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. Only one section 211 notice is needed to carry out a number of different operations on the same tree or to carry out work on a number of trees. Paragraph: 068 Reference ID: 36-068-20140306. Applying for or Amending a Premises Licence – What does it cost? 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. Paragraph: 086 Reference ID: 36-086-20140306. ... To find out whether a tree is protected by a Tree Preservation Order or is in a Conservation area, please use our online mapping system. 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. Before carrying out work they believe is exempt, they may wish to obtain advice from a qualified arboriculturist and/or confirmation from the authority of what is and what is not required. Damaging or working on a protected tree is a serious criminal offence. Paragraph: 127 Reference ID: 36-127-20140306. It is an offence to carry out work to trees that are covered by a Tree Preservation Orders (TPO) or to trees which are within a conservation area, without telling us.. Our Trees and development - our preferred approach page has useful information for anyone considering a new development near to trees. Dacorum Borough Council has successfully prosecuted a housing developer for breaching a tree preservation order. Paragraph: 094 Reference ID: 36-094-20140306. Applicants (or their agents) must make any appeal in writing by notice to the Planning Inspectorate. Paragraph: 002 Reference ID: 36-002-20140306. Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary. 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. You can change your cookie settings at any time. 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. 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. Paragraph: 082 Reference ID: 36-082-20140306. Paragraph: 047 Reference ID: 36-047-20140306. See section 214D(3) of the Town and Country Planning Act 1990. The local planning authority may also impose a condition requiring replacement planting when granting consent under an Order for the removal of trees. County councils can make Tree Preservation Orders but there are restrictions in areas where there is both a district planning authority and a county planning authority. For further information please contact the tree team on 01329 23… Any necessary minor clarification should be confirmed in writing by the applicant either in a separate letter or by modifying the original application. However, the authority should carefully consider the circumstances of the case (such as the number of trees involved or the time of year) when deciding what timing would be reasonable. Application to carry out work to protected trees. A section 211 notice is not required where the cutting down, topping, lopping or uprooting of a tree is permissible under an exception to the requirement to apply for consent under a Tree Preservation Order. information on any people with a legal interest in the land affected by the Order (further guidance can be found in, the tree’s or trees’ importance as a wildlife habitat; and/or. 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. Paragraph: 147 Reference ID: 36-147-20140306. Where a number of trees or operations are involved, it should make clear what work is proposed to which tree. Paragraph: 007 Reference ID: 36-007-20140306. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. Public visibility alone will not be sufficient to warrant an Order. 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). Here ‘nuisance’ is used in its legal sense, not its general sense. More information about tree replacement can be found at paragraph 151. Section 206(3) of the Town and Country Planning Act 1990 restricts the landowner’s duty to replace trees subject to the woodland classification to those removed, uprooted or destroyed in contravention of the Order. The authority may ask the applicant about their legal interest in the tree and consult the tree’s owner. 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. 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