The authority may ask for more information or evidence to help determine an application, but it has no power to require information beyond that specified in the standard application form. Paragraph: 101 Reference ID: 36-101-20140306. Paragraph: 048 Reference ID: 36-048-20140306, Flowchart 2 shows the decision-making process for varying or revoking Orders, Paragraph: 049 Reference ID: 36-049-20140306. Where Crown land is involved, the local planning authority must secure the consent of the appropriate authority before taking any step for the purposes of enforcement. It should take this factor into account alongside other key considerations, such as the amenity value of the tree and the justification for the proposed works, before reaching its final decision. Paragraph: 158 Reference ID: 36-158-20140306. Paragraph: 143 Reference ID: 36-143-20140306. 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. The authoritys consent is not required for carrying out work on trees protected by an Order if that work is urgently necessary for national security purposes. Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area (if that tree is not already protected by an Order), or causes or permits such work, without giving a section 211 notice (or otherwise contravenes section 211 of the Town and Country Planning Act 1990) is guilty of an offence, unless an exception applies. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. You can change your cookie settings at any time. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. The authoritys consent for such work is not required. Any question of disputed compensation must be referred to, and determined by, the Lands Chamber of the Upper Tribunal. Appeals against an authoritys decision to refuse consent can be made to the Secretary of State. Conservation areas (trees within a conservation area are protected), Trees protected by a planning permission condition. Paragraph: 001 Reference ID: 36-001-20140306. 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. Noise pollution can be a massive input on peoples lives and removing too many trees when people live near a road can cause the cars to seem so much louder, especially when they are not used to it, it would be a massive shock and people can become angry by this. Paragraph: 003 Reference ID: 36-003-20140306. Paragraph: 119 Reference ID: 36-119-20140306. TPOs are used to protect trees that are particularly attractive, are good examples of their. There is a right of appeal against a tree replacement notice however the authority has powers to dispense with the duty to plant a replacement tree. ensure that appropriate expertise informs its decision. Paragraph: 107 Reference ID: 36-107-20140306. To use the map: go to 'address search' at the top of the map page and type in the post code or road name of the tree click on the 3 horizontal lines in the top left to access the menu click. For example, it is unlikely to be necessary to make an Order in respect of trees which are under good arboricultural or silvicultural management. 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 a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. Paragraph: 094 Reference ID: 36-094-20140306. Where a number of trees or operations are involved, it should make clear what work is proposed to which tree. Paragraph: 057 Reference ID: 36-057-20140306. Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. However, the authoritys consent is required for work on trees subject to an Order if: The authoritys consent is also required, for example, for work on trees protected by an Order that is necessary to implement permitted development rights under the Town and Country Planning (General Permitted Development) Order 2015. Only one copy of each application document needs to be submitted. 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. [[nid:7096 title="Map: Tree Preservation Orders and Conservation Areas"]] Related information You can find out more about tree preservation orders on our trees and hedges page. Paragraph: 139 Reference ID: 36-139-20140306. The notice should be served on the landowner. The form is available from the Planning Portal or the authority. the amount payable is limited to any depreciation in the value of the trees attributable to deterioration in the quality of the timber in consequence of the authoritys decision. 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. This need not be limited to that brought about by disease or damage to the tree. For example, changes in property ownership and intentions to fell trees are not always known in advance, so it may sometimes be appropriate to proactively make Orders as a precaution. It may be helpful to seek expert arboricultural and ecological advice. wilfully damage or destroy. Well send you a link to a feedback form. The duty is to plant the same number of trees: Where the duty arises under section 206, those trees planted within the woodland specified in the Order will be automatically protected by the original Order. However, when considering protecting trees on Crown land authorities are advised to discuss the matter with that body. Paragraph: 162 Reference ID: 36-162-20140306. Where such a tree requires urgent work to remove an immediate risk of serious harm, written notice is required as soon as practicable after the work becomes necessary. They should be notified of the: If the authority has confirmed the Order with modifications, then it should serve a copy of the Order as confirmed. Any request for the authority to use this power should be made in writing. Normally, they are set in place because it's the habitat for wildlife and they need protecting. Work should only be carried out to the extent that it is necessary to remove the risk. 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. The authority may wish to consult the Forestry Commission on the details of such a condition. the possibility of a wider deterrent effect. When applying for consent to remove trees, applicants should include their proposals for replacement planting. This duty applies when an authority discharges its enforcement powers, including rights of entry, gathering samples from trees or of soil and taking statements. lop. The authority should also take into account the legal duty to replace trees. Protected trees can be of any size or species. Paragraph: 015 Reference ID: 36-015-20140306. We also use cookies set by other sites to help us deliver content from their services. If in doubt they are advised to seek advice from the authority or Natural England on how to proceed. 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. To help us improve GOV.UK, wed like to know more about your visit today. Paragraph: 074 Reference ID: 36-074-20140306. It is essential that an application sets out clearly what work is proposed. To be valid, an application for works to trees covered by a Tree Preservation Order must: Paragraph: 065 Reference ID: 36-065-20140306. If you are having problems viewing the map, you can open the map directly here. An exception may exempt landowners or their agents from the normal requirement to seek the local planning authoritys consent before carrying out work on trees subject to an Order. Local planning authorities have powers to vary (change) or revoke (cancel) their Orders. A section 211 notice is not, and should not be treated as, an application for consent under an Order. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. Cardiff Tree Preservation Orders (TPOs) served outside of the TPO review in Cardiff and one Variation Order linked to the review. However, the authority cannot enter Crown land without consent from the appropriate Crown body. It is in offence to cause or permit prohibited tree work. A Tree Preservation Order is an order made by a Local Planning Authority (LPA). 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. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. Prosecutions cannot require remedial works to the tree but will, where appropriate, both punish offenders and deter potential offenders. Anyone carrying out work to a tree, even under an exception, should ensure they do not contravene laws protecting wildlife. A Tree Preservation Order (TPO) is an order that is given to protect: Individual trees Groups of trees Woodlands You must get consent from us before you carry out any work to a tree that. The maximum fine for the wilful destruction of a TPO or Conservation Area tree is 20,000 per tree. The local planning authority cannot require maintenance work to be done to a tree just because it is protected. Anyone considering challenging the validity of an Order in the High Court is advised to seek legal advice. The authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. 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: 029 Reference ID: 36-029-20140306. People should not submit a section 211 notice until they are in a position to present clear proposals. 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. 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. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. Paragraph: 104 Reference ID: 36-104-20140306. 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. Section 207 of the Town and Country Planning Act 1990 gives local planning authorities the powers to enforce an unfulfilled duty under section 206 to replace trees or woodlands by serving on the landowner a tree replacement notice. But, where an alleged action falls short of the definition in section 210 of the Town and Country Planning Act 1990, section 1(1) of the Criminal Attempts Act 1981 may provide an alternative route in some cases where unauthorised work has been attempted. The authority should first investigate whether or not an allegation that a contravention has taken place, or is about to take place, is true. A section 211 notice should be acknowledged, although the authority should first consider whether the proposed work is exempt from the requirement to give this notice or requires a felling licence. 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. Paragraph: 088 Reference ID: 36-088-20140306. Paragraph: 106 Reference ID: 36-106-20140306. A Tree Preservation Order (TPO) is an order made by a Local Planning Authority, such as Dudley Council, which in general makes it an offence to cut down, lop, top, uproot, wilfully damage or wilfully destroy a tree without first getting permission from the Local Planning Authority. A tree preservation order (TPO) is a written order which makes it an offence to cut down, top, lop, uproot, wilfully damage, or destroy a tree protected by the order without our permission. An injunction is a court order prohibiting a person from taking a particular action. For more details about a local tree conservation order in Cardiff CF24 5 we recommend that you contact us today! Online map showing which trees have Tree Preservation Orders (opens in new window) Pruning or felling a protected tree can result in prosecution. If the authority decides an application is invalid the applicant may have the right of appeal. 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. Paragraph: 018 Reference ID: 36-018-20140306. The authority can deal with a section 211 notice in one of three ways. errors in the Orders Schedule or map have come to light. 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. 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. Paragraph: 097 Reference ID: 36-097-20140306. Tree Preservation Orders (TPO) These orders are made and managed by local authorities. This law means you have to give us six weeks notice before carrying out certain works on these trees, unless an exception applies. Paragraph: 093 Reference ID: 36-093-20140306. Anyone found guilty in the magistrates court of an offence under section 210(4) is liable to a fine of up to Level 4 (currently 2,500). It is an offence to carry out any work on those trees without permission from the Council. The authority must ensure that applications clearly specify the proposed works and their timing or frequency. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. Paragraph: 102 Reference ID: 36-102-20140306. Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. 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. Tree Preservation Orders Conservation areas (trees within a conservation area are protected) Trees protected by a planning permission condition To use: Enter a postcode or part of an address. Where work is carried out on a regular basis, the local authority and the appropriate authority of the Crown should consider following the guidance at paragraph 126. In addition, the authority may have to decide an application by a landowner asking it to dispense with the tree replacement duty. The guidance notes for the standard application form list the requirements. It is important that the applicant provides the authority with any additional required information at the same time as the form. This is particularly important where the authority grants consent for some of the operations in an application and refuses consent for others. Tree Preservation Orders(TPO) apply to specific trees and woodlands in Cardiff to help protect them. Paragraph: 098 Reference ID: 36-098-20140306. Any necessary minor clarification should be confirmed in writing by the applicant either in a separate letter or by modifying the original application. The local authority should make a formal variation order that identifies the Order being varied, the variations made and the date the variation order is made. Paragraph: 120 Reference ID: 36-120-20140306. If your tree is protected in either of these ways then you will need to apply for permission before doing any works. Paragraph: 113 Reference ID: 36-113-20140306. An Order prohibits. Paragraph: 155 Reference ID: 36-155-20140306. The standard form of Order includes a draft endorsement for variation. When faced with what they believe are unauthorised works to protected trees, local authorities may: Paragraph: 141 Reference ID: 36-141-20140306. 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. Paragraph: 146 Reference ID: 36-146-20140306. Applicants, agents and authorities must have regard to statutory obligations concerning protected species. Paragraph: 142 Reference ID: 36-142-20140306. The local planning authority has powers only to enforce the duty to plant one tree to replace one other. 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. If you plan to carry out work to a protected tree/hedge you must submit an application form. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. Local planning authorities may make Orders in relation to land that they own. However the authoritys liability is limited. 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. They are liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). do nothing but only if justified by the particular circumstances; consider the option of issuing an informal warning to impress on the tree owner or others suspected of unauthorised works that such work may lead to prosecution; the tree was protected by an Order at the relevant time, or was in a conservation area; an action which is an offence under section 210 of the Town and Country Planning Act 1990 has been carried out; and. 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. 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. 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