Paragraph: 005 Reference ID: 36-005-20140306. the impact on amenity of the removal of trees, and whether it would be in the interests of amenity (and, in woodlands, in accordance with the practice of good forestry) to require their replacement; whether it would be reasonable to serve a tree replacement notice in the circumstances of the case; and. When you know of a conservation order on trees and are unsure why it is there, then you could ask your local council. The Environment Agency does not need to obtain the authoritys consent before cutting down, topping, lopping or uprooting trees protected by an Order to enable it to carry out its permitted development rights. A TPO is made by the Local Authority, under Section 160 of the Town and Country Planning (Scotland) Act 1997, and within the procedures set out in the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010. The authority is responsible for enforcing all conditions in a consent, so its decision notice should clearly state the reasons for its conditions. It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. For example, it is unlikely to be necessary to make an Order in respect of trees which are under good arboricultural or silvicultural management. Unlike a replacement tree planted under a condition, a replacement tree planted because of the duty under section 206 is automatically protected by the original Order. Dont include personal or financial information like your National Insurance number or credit card details. The layer, CCBC_UA, Conservation_Area, TPO Groups, Areas, Woodlands, TPO Trees, cannot be added to the map. 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. Following an application to a local planning authority for consent to cut down or carry out work on a tree subject to an Order, an applicant can appeal to the Secretary of State. TPOs prohibit felling and damage to trees without the written consent of the local planning authority. If a tree is covered by a TPO OR is in . News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. A plan is not mandatory but can be helpful. This six-week period is to give us time to consider if the tree should be . Paragraph: 125 Reference ID: 36-125-20140306. Authorities are encouraged to make their registers available online. Trees and hedges in private gardens, parks and other open spaces, or lining the sides of our streets, railways, rivers and canals are of great importance to people, particularly in residential areas. Tree and Hedges 3B Eagle Wing Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN e-mail: treeandhedgeappeals@planninginspectorate.gov.uk Telephone: 0303 444 5000 When submitting an. Paragraph: 114 Reference ID: 36-114-20140306. Paragraph: 015 Reference ID: 36-015-20140306. It is, however, important to gather enough information to be able to accurately map their boundaries. If an authority identifies trees which it would have made subject to an Order but for the Forestry Commissions interest in the land, it may ask the Commission to let it know when that interest in the land is likely to cease. 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. A Tree Preservation Order (TPO) is an order made by the local planning authority which, in general, makes it an offence to cut down, top, lop, uproot, wilfully damage or destroy a tree without the authority's permission. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. Paragraph: 120 Reference ID: 36-120-20140306. 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 local planning authoritys power to enforce tree replacement is discretionary. Any type of tree can be protected by a TPO regardless of its species; this includes hedgerow trees, but not hedges, bushes or shrubs. Tree Preservation Orders (TPOs) There are over 560 separate TPOs within our boundaries covering individual trees, groups of trees, 'areas' and woodlands. Authorities should aim to determine validity within 3 working days from the date of receipt. Paragraph: 127 Reference ID: 36-127-20140306. Authorities are advised to enter None against any categories not used in the Order. 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 may wish to consult the Forestry Commission on the details of such a condition. If you use assistive technology (such as a screen reader) and need a 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. It must endorse the original Order with a statement that it has been varied and specifying the date on which the variation order takes effect. This act . If it does not make such a condition it cannot serve a tree replacement notice requiring replacement. 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. However, some trees in conservation areas also have a. Authorities can either initiate this process themselves or in response to a request made by any other party. If trees merit protection in their own right, authorities should specify them as individual trees in the Order. on or near the land on which the trees stood, or on such other land as may be agreed between the local planning authority and the landowner, and, in such places as may be designated by the authority. But the place should at least correspond with the original position described in the Order and shown on the map. Paragraph: 056 Reference ID: 36-056-20140306. If an Order is made, in addition to fulfilling the usual statutory requirements, the authority should also provide a copy of the new Order to any agent who submitted the section 211 notice. For example, anyone who lops a tree in contravention of an Order, but in a way that the tree is not likely to be destroyed, would be guilty of this offence. be worded precisely, so the applicant is left in no doubt about its interpretation and the authority is satisfied it can be enforced. 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. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the appropriate authority). For example, the Order is overridden if a tree has to be removed to make way for a new building for which full planning permission has been granted. In such cases authorities should bear in mind any unfinished matters relating to the old Order. The authority may wish to provide information to help them resubmit an appropriate notice. 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 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. Well send you a link to a feedback form. future potential as an amenity. The removal of countryside hedgerows is regulated under different legislation. 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 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. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. One example is work urgently necessary to remove an immediate risk of serious harm. 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. This will help to maintain and enhance the amenity provided by protected trees. Paragraph: 036 Reference ID: 36-036-20140306. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. a tree without the LPA's permission. Normally, they are set in place because it's the habitat for wildlife and they need protecting. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. So it follows that, while some trees may lack individual merit, all trees within a woodland that merits protection are protected and made subject to the same provisions and exemptions. The authority may use conditions or informatives attached to the permission to clarify this requirement. This order makes it an offence to: cut down. If you see work being carried out on a preserved tree or a tree in a conservation area please contact the Department for Place on 01702 215004 so that a check can be made as to whether permission has been granted. Anyone can apply for consent under an Order. Paragraph: 075 Reference ID: 36-075-20140306. 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. Paragraph: 001 Reference ID: 36-001-20140306. give its reasons for each condition imposed; explain the applicants right to compensation for, how to carry out work in accordance with good practice, where to get independent specialist advice, the information available when the local planning authority made its original decision on the application for consent, the authoritys decision and supporting information in that decision. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. A programme of works could describe the classes of works which will need to be carried out as routine maintenance during the specified period. whether the notice relates to contravening an Order or a section 211 notice; whether the notice relates to complying with a condition of consent; the number, size and species of the replacement trees. The authoritys consent is not required for cutting down, topping, lopping or uprooting a tree protected by an Order to enable the implementation of a highway order or scheme made or confirmed by the Secretary of State for Transport under Schedule 1 of the Highways Act 1980. Flowchart 6 shows the decision-making process regarding offences. Work should only be carried out to the extent that it is necessary to remove the risk. If you plan to carry out work to a protected tree/hedge you must submit an application form. Another example is government authorities requiring the destruction of particular trees to tackle a serious plant disease. 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