These appeals are handled by the Planning Inspectorate on the Secretary of States behalf. The trees, or at least part of them, should normally be visible from a public place, such as a road or footpath, or accessible by the public. You can make a difference to woods and trees near you. be worded precisely, so the applicant is left in no doubt about its interpretation and the authority is satisfied it can be enforced. Yours faithfully, Kirsty Buxton The authority should discuss the issue with the landowner and offer relevant advice. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. The authority may enforce replanting by serving a tree replacement notice on the landowner. Find more about conservation areas where you live: 'Tree works: trees in conservation areas/ subject to TPOs' application form via the Planning Portal. 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 authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. 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. Dorset Council can issue a TPO for specific trees. The Planning Inspectorate deals with most appeals through a written representations appeal procedure. If you are planning to. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. After deciding not to confirm an Order the authority must still record this decision on endorsing the Order. If a tree in a conservation area is removed, uprooted or destroyed in contravention of section 211 of the Town and Country Planning Act 1990, the landowner has a duty to plant another tree of an appropriate size and species at the same place as soon as he or she reasonably can. Before felling trees you should contact your local area planning office to check whether trees are protected or not. Paragraph: 042 Reference ID: 36-042-20140306. Trees may be protected by tree preservation orders (TPOs) or other legal procedures to make sure that they are not lost or damaged needlessly. 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. Theyll let you know the next steps. The authority may enforce this duty by serving a tree replacement notice. You have accepted additional cookies. The exceptions allow removal of dead branches from a living tree without prior notice or consent. These should specifically address each of the applicants reasons for making the application. For example, planning applications for a single conservatory may not require the level of detail that needs to accompany a planning application for the development of a site with one or more dwellings. If you are interested in placing a TPO on a tree or wood in your area, contact the council and ask to speak to the tree officer or equivalent. As part of this process it is necessary to consider the value of the trees within the context of the existing landscape character. 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. Applicants must provide reasons for proposed work. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. An authority is only liable to pay compensation in certain circumstances and there are strict criteria and limitations. Paragraph: 114 Reference ID: 36-114-20140306. In the event of permission being withheld, the applicant has a right of appeal to the Secretary of State. The authority should assess whether or not the proposed work is exempt from the requirement to obtain its consent. Flowchart 5 shows the decision-making process regarding notices for work to trees in a conservation area. Here nuisance is used in its legal sense, not its general sense. 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. Paragraph: 081 Reference ID: 36-081-20140306. Legal-instrument. The trees we manage and plans for the future. Paragraph: 052 Reference ID: 36-052-20140306. 2. or within Conversation Areas. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. We offer this as part of our service, although not all trees are covered by legislation. Where a tree is protected by an order it is an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the consent of the local planning authority. This could include felling, lopping, topping, uprooting or otherwise wilful damage. It is important that the applicant provides the authority with any additional required information at the same time as the form. But it is not necessary for there to be immediate risk for there to be a need to protect trees. Legislation limits the authoritys liability by setting out circumstances in which a claim cannot be made and circumstances in which compensation is not payable. Proposals involving ancient trees and woods will often need to go beyond the current British Standard to avoid harm, particularly around root protection area. Applicants, agents and authorities must have regard to statutory obligations concerning protected species. Paragraph: 024 Reference ID: 36-024-20140306. It should also consider whether it is in the public interest to prosecute some or all of the individuals implicated in the offence. 1982873. Paragraph: 142 Reference ID: 36-142-20140306. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. 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. You may need to look at the Standards document to make sense of table. Paragraph: 015 Reference ID: 36-015-20140306. This duty also applies under section 206 if a tree (except a tree protected as part of a woodland) is removed, uprooted or destroyed because it is dead or presents an immediate risk of serious harm. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. 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. No claim can be made for loss or damage incurred before an application for consent to undertake work on a protected tree was made. Explore services in East Hampshire using our online interactive map. 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. Reference 1. However the authority can consider publicising a section 211 notice in order to seek the views of local residents, groups or authorities, particularly where there is likely to be public interest. However, when considering protecting trees on Crown land authorities are advised to discuss the matter with that body. where necessary in connection with the grant of planning permission, on land which is not wholly lying within the area of a single district council. Under section 209(6) of the Town and Country Planning Act 1990 anyone who wilfully obstructs a person acting in the exercise of the local planning authoritys power to enter land and plant replacement trees is guilty of an offence. To enter Crown land the authority must first get consent from the relevant Crown body, which may impose conditions. Well send you a link to a feedback form. All of the 105 conservation areas in the East Riding have conservation area appraisals (apart from South Cave), which include a plan showing their boundaries. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. Through prohibiting, without the Local Planning Authorities (LPA) consent: Felling Topping Lopping Uprooting Wilful damage/destruction Owners of the trees must maintain their trees, and an LPA will often encourage good tree management. Local planning authorities can make a Tree Preservation Order if it appears to them to be expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area. In such cases, compensation is not payable for any: Paragraph: 110 Reference ID: 36-110-20140306. Tree preservation orders Search for TPOs and trees in conservation areas. Paragraph: 083 Reference ID: 36-083-20150415, Revision date: 15 04 2015 See previous version. Existing trees of good quality and of appropriate species can add to the quality of a development, and increase its value. Paragraph: 162 Reference ID: 36-162-20140306. Damaging tree roots may kill or weaken the tree and, in some instances, may cause the tree to fall. In certain circumstances, third parties may be able to apply for costs. it is not necessary to carry out works on protected trees in order to implement a full planning permission. 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. 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. An Order comes into effect on the day the authority makes it. Paragraph: 133 Reference ID: 36-133-20140306. Please. We also use cookies set by other sites to help us deliver content from their services. You can download the 'Tree works: trees in conservation areas/ subject to TPOs' application form via the Planning Portal. Local authority officers conducting criminal investigations must have regard to the codes of practice prepared under section 66 of the Police and Criminal Evidence Act 1984 and any other relevant codes relating to criminal proceedings. Where development is proposed in a conservation area, whether it is alterations to an existing building or. 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. Delivered Dear Dorset Council, Is the council's set of Tree Preservation Orders (TPOs) indexed in digital form or a map for download / viewing? Special considerations apply in some of these circumstances. Check out our useful resources. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. the cutting down or uprooting of a tree, whose diameter does not exceed 100 millimetres, for the sole purpose of improving the growth of other trees (eg thinning as part of forestry operations). Section 210 of the Town and Country Planning Act 1990 provides a clear structure for pursuing criminal enforcement action for unauthorised work. The applicant is not necessarily required to provide a formal scaled location or site plan. Applicants (or their agents) must make any appeal in writing by notice to the Planning Inspectorate. the species of the tree and any history you may be able to provide. Paragraph: 086 Reference ID: 36-086-20140306. 1. Paragraph: 071 Reference ID: 36-071-20140306. If you use assistive technology (such as a screen reader) and need a It may not be necessary (or practical) for the replacement tree to be planted in the exact position of the original tree. Freedom of Information Act Request No: 2022-129. Further details are available in the Planning Inspectorates appeals guidance. Flowchart 4 shows the decision-making process regarding compensation. You can change your cookie settings at any time. a copy of the Order (including the map); and. Section 210(2) of the Town and Country Planning Act 1990 provides that anyone found guilty of these offences is liable, if convicted in the magistrates court, to a fine of up to 20,000. For example, there may be engineering solutions for structural damage to buildings. Paragraph: 069 Reference ID: 36-069-20140306. However, there are strict criteria and limitations on what compensation may be payable. Prosecutions cannot require remedial works to the tree but will, where appropriate, both punish offenders and deter potential offenders. This is also the case in respect of works done by or on behalf of a person under a working plan or plan of operations, approved by the Forestry Commission under: Paragraph: 014 Reference ID: 36-014-20140306. Paragraph: 075 Reference ID: 36-075-20140306. The duty on the owner of the land is to plant a replacement tree as soon as they reasonably can. Safety has priority, but safety considerations may not necessitate removal of all dead branches on living trees or the whole of a dead tree. TPOs are managed by the Planning and Health department, for more information, use ourtree enquiry form. 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: 121 Reference ID: 36-121-20140306. An authoritys tree strategy may identify localities or populations of trees as priorities for the making or reviewing of Orders. In most cases a pre-commencement site visit will be required where details of working procedures in respect of tree protection will be finalised. This will help to maintain and enhance the amenity provided by protected trees. 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. If an authority refuses consent for felling in protected woodland in the course of forestry operations: Advice may be sought from the Forestry Commission about the relevant provisions of the Forestry Act 1967. 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. Paragraph: 085 Reference ID: 36-085-20140306. This focuses specifically on open space treesand outlines our responsibility to maintain trees in a healthy and safe condition and to ensure no legal nuisance is caused. Paragraph: 038 Reference ID: 36-038-20140306. It is unlikely to be appropriate to use the woodland classification in gardens. 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. By default, consent is valid for 2 years beginning with the date of its grant. View our Tree Preservation Orders (TPOs) and Conservation Areas (CAs) online. There are 48 conservation areas in the Bournemouth, Christchurch and Poole area. endorse the variation Order, recording its decision not to confirm the variation order, including the date of the decision; notify the people who were affected by the variation order of its decision; and. In many cases enable the planning application to be determined more quickly. 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. In general terms, it follows that the higher the amenity value of the tree or woodland and the greater any negative impact of proposed works on amenity, the stronger the reasons needed before consent is granted. Early discussion will give the authority a chance to: Where there has been no pre-application discussion the applicant may, after discussion with the authority, still modify the application in writing or withdraw it and submit a new one. Paragraph: 046 Reference ID: 36-046-20140306. The Statutory Regulations relating to protected trees states that a Tree Preservation Order: Shall specify the trees, groups of trees or woodlands to which it relates. 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. Tree information accompanying planning applications should substantially follow the format of British Standard BS5837 (2012). 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. The officer should record the number and species (or at least the genus) of the individual trees or groups of trees to be included in the Order and their location. Flowchart 1 shows the process for confirming an Order. Sufficient information in a section 211 notice will help the local authority to verify that the proposed work, if undertaken, has not been exceeded and support enforcement action if appropriate. Trees and woods are recognised in planning policies throughout the UK for their benefits to people and nature. Nor should the authority confirm an Order if it has made substantial changes to it, for example by changing an area classification to a woodland classification. All requests for a TPO should be sent to our tree officer for consideration. Paragraph: 028 Reference ID: 36-028-20140306. Once the initial design has been received the Council's Tree Officer will examine the tree information, building design and footprints, to ensure they comply with good practice and the relevant British Standards . Tree Preservation Orders are imposed in order to protect selected trees or woodland if their removal is likely to have significant impact on the local environment and its enjoyment by the public. Each devolved government has its own maps and lists, such as Magic Maps, produced by DEFRA for England. Paragraph: 097 Reference ID: 36-097-20140306. TPOs prohibit the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of trees without the local authority's consent. Authorities should aim to determine validity within 3 working days from the date of receipt. The form is available from the Planning Portal or the authority. Paragraph: 057 Reference ID: 36-057-20140306. 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. Flowchart 3 shows the decision-making process for applications for consent to undertake work on protected trees. You can search or comment oncurrent planning applications online. Where an authority decides not to confirm a variation order that adds trees it must: Paragraph: 055 Reference ID: 36-055-20140306. Applications are free of charge. During the 6 weeks notice we will consider whether the tree is worthy of a tree preservation order. If you want to report a tree you think is dangerous or need advice onwhether a specific tree is covered by a TPO please tell us its location. To carry out any works on a tree subject to a TPO, an application must be made to us. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. 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. Any request for such a dispensation should be put to the authority in writing. You can change your cookie settings at any time. Paragraph: 053 Reference ID: 36-053-20140306. be accompanied by a plan which clearly identifies the tree or trees on which work is proposed; be accompanied by such information as is necessary to clearly specify the work for which consent is sought; state the reasons for making the application; and. Landscaping and replacement planting is sometimes required. Any person duly authorised in writing by the authority may enter land for the purpose of surveying it in connection with making or confirming an Order if there are reasonable grounds for entering for that purpose. It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. In such cases authorities should bear in mind any unfinished matters relating to the old Order. The legislation does not require authorities to describe the trees in the Order with full scientific names or plot them on the map with pinpoint accuracy. A Tree Preservation Order protects individual trees and woodlands that make a significant contribution to the appearance or natural beauty of an area, or are of cultural or historical. 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. Details on High Court challenges are in the Planning Inspectorates guidance on tree replacement appeals. The local planning authority and the appellant normally meet their own expenses. Trees have a significant role to play in achieving sustainable development and the successful integration of trees into a new development scheme depends on the retention of appropriate trees, informed layout design and careful implementation. Since January 2016 to date: 1. Paragraph: 003 Reference ID: 36-003-20140306. The register should include: Paragraph: 129 Reference ID: 36-129-20140306. Where the Order includes the area classification, although the position of every tree will not be shown, the authority is advised to specify replanting as near as is reasonably practical to the original trees position. The order can cover anything from a single tree to a woodland and all types of trees can be protected. Paragraph: 020 Reference ID: 36-020-20140306. A plan is not mandatory but can be helpful. If the danger is not immediate the tree does not come within the meaning of the exception. 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. If you have a query about a Tree Preservation Order, a tree in a park or public space, a tree on a pavement or verge, or just wish to discuss a tree in Dorset, complete our online enquiry form.
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