We use some essential cookies to make this website work. If you are having problems viewing the map, you can open the map directly here. The authority must be clear about what work it will allow and any associated conditions. The authority may use conditions or informatives attached to the permission to clarify this requirement. Authorities can confirm Orders, either without modification or with modification, to provide long-term tree protection. The authority should consider keeping anyone who has notified the authority of a contravention informed of the outcome of the investigation. It must publicise such an application by displaying a notice on or near the site for at least 21 days. You'll need to assess yourself before deciding if works need to be carried out. At present there are approximately 400 Tree Preservation Orders in the district. Click on the map to find out more about specific tree preservation order. Paragraph: 091 Reference ID: 36-091-20140306. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. These should specifically address each of the applicants reasons for making the application. The authority cannot validate an application that does not satisfy the necessary requirements. 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. The authority can deal with a section 211 notice in one of three ways. They may decide to vary or revoke Orders because, for example: Paragraph: 050 Reference ID: 36-050-20140306. Flowchart 1 shows the process for making an Order. We use TPOs to protect trees that have a significant visual impact on the environment, including individual trees, groups of trees, and those in defined . The authority should make absolutely clear in its decision notice what is being authorised. Paragraph: 002 Reference ID: 36-002-20140306. 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. Paragraph: 161 Reference ID: 36-161-20140306. Paragraph: 025 Reference ID: 36-025-20140306. wilfully damage or destroy. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. Paragraph: 149 Reference ID: 36-149-20140306. top. A programme including tree felling should be more specific and should, where appropriate, cater for replacement tree planting. 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. Paragraph: 015 Reference ID: 36-015-20140306. 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). In general, it is no defence for the defendant to claim ignorance of the existence of an Order. 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. 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. To enter Crown land the authority must first get consent from the relevant Crown body, which may impose conditions. Paragraph: 134 Reference ID: 36-134-20140306. 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. explain that objections or representations about any of the trees, groups of trees or woodlands covered by the Order may be made to the authority in accordance with, specify a date (at least 28 days after the date of the notice) by which any, delivered to, or could reasonably expected to be delivered to, the authority not later than the date specified in the. Carrying out unauthorised work on a protected tree is a criminal offence. Paragraph: 154 Reference ID: 36-154-20140306. Tree protection Tree Preservation Orders (TPO) apply to specific trees and woodlands in Cardiff to help protect them. Paragraph: 112 Reference ID: 36-112-20140306. A tree owner may use an unused and unexpired consent obtained by a former owner. Phone: 01766 771000 and request a copy of . Its purpose is to protect trees which make a significant impact on their local surroundings. The authoritys consent is not required for carrying out work on trees and woodlands subject to an Order if that work is in compliance with any obligation imposed by or under an Act of Parliament. Dont include personal or financial information like your National Insurance number or credit card details. It should state: Paragraph: 159 Reference ID: 36-159-20140306. 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. 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. We can advise you based on the following fees: 1st hour - 125.00 (+ VAT) Subsequent charge per hour - 75.00 (+ VAT) In such cases, compensation is not payable for any: Paragraph: 110 Reference ID: 36-110-20140306. 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. Authorities are encouraged to make these registers available online. Paragraph: 147 Reference ID: 36-147-20140306. Paragraph: 021 Reference ID: 36-021-20140306. Paragraph: 074 Reference ID: 36-074-20140306. A copy of the Order will also be made available for public inspection. Paragraph: 076 Reference ID: 36-076-20140306. This map is provided for indicative purposes only and should not be used for identification of land ownership. 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. Authorities must use the procedures set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 to vary or revoke any of their Orders. 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. Paragraph: 061 Reference ID: 36-061-20140306. on land in which the county council holds an interest. The duty attaches to subsequent owners of the land. Paragraph: 120 Reference ID: 36-120-20140306. contribution to the character or appearance of a conservation area. Zoom in to the map to see where TPOs are in place. Paragraph: 072 Reference ID: 36-072-20140306. The orders cover individual. Authorities are advised to only use this category as a temporary measure until they can fully assess and reclassify the trees in the area. 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. If a woodland subject to an Order is not brought into such a scheme, authorities can still encourage applications to manage the trees in ways that would benefit the woodland without making a serious impact on local amenity, for example by making a single application for regularly repeated operations. 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. Normally, they are set in place because it's the habitat for wildlife and they need protecting. 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. To apply for a Tree Preservation Order please email trees@huntingdonshire.gov.uk and provide the following details: the location of the tree (or the nearest address), the reason for wanting us to make a TPO, the species of the tree and any history you may be able to provide. The local planning authority has powers only to enforce the duty to plant one tree to replace one other. identify the trees and clearly set out the proposed work and the authoritys reasons for the application; include an address where a copy of the application can be inspected; include an address to which any comments about the application should be sent; and. Paragraph: 058 Reference ID: 36-058-20140306. It can also consider some form of publicity. 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. Paragraph: 064 Reference ID: 36-064-20140306. But such an applicant is advised to first consult the trees owner and also notify them promptly after submitting their application. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. If youd like an email alert when changes are made to planning guidance please subscribe. Paragraph: 007 Reference ID: 36-007-20140306. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. In addition, the authoritys consent is not needed in certain specific circumstances where the Regulations are deemed to have no effect. Trees in a conservation area Trees within conservation areas are also protected and works to trees in these areas are subject to restrictions even if the trees are not the subjects of a TPO. 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. Paragraph: 096 Reference ID: 36-096-20140306. 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. Tree preservation orders. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010 make provision for the form of a TPO and the procedure to be followed when making and confirming a TPO. The local authority must, as soon as practicable after making an Order and before it is confirmed, serve persons interested in the land affected by the Order: The authority must also be able to prove that it has done this in one of a number of different ways. They should therefore consider how best to demonstrate that they have made their decisions at this stage in an even-handed and open manner. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. In urgent cases or where admission has been, or is reasonably expected to be, refused, a magistrate can issue a warrant enabling a duly authorised officer to enter land. Paragraph: 153 Reference ID: 36-153-20140306. View a map of existing Tree Preservation Orders and Conservation Areas. Tree cutting in Cardiff CF24 5 should be carried out by a professional tree surgeon or company, this is because there are many factors to be taken into account. A Tree Preservation Order is an order made by us to protect trees or woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public. The local planning authority may also impose a condition requiring replacement planting when granting consent under an Order for the removal of trees. Whichever appeal procedure is used, the Inspector will consider: Paragraph: 103 Reference ID: 36-103-20140306. In such cases the authority should make the scope, timing and limit of the work clear. It is unlikely to be appropriate to use the woodland classification in gardens. It means that if the certain trees protected by the order is cut down or removed, it's an offence. You can change your cookie settings at any time. A Tree Preservation Order (TPO) is an order made by the local planning authority which makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree. Once a TPO is served, the tree does not become the responsibility of the Council. Authorities can only confirm an Order within a 6 month period beginning with the date on which the Order was made. within 12 months of the date of the Secretary of States decision (if an appeal has been made). 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. Paragraph: 144 Reference ID: 36-144-20140306. The layer, CCBC_UA, Conservation_Area, TPO Groups, Areas, Woodlands, TPO Trees, cannot be added to the map. Regulation 12 requires authorities to keep a register of all appeals under Orders they have made. You can automatically zoom\ navigate to a location on the map by entering a full or partial address in the box below and then by selecting the address from the list. The authority may wish to attach to its decision notice advice and information (sometimes known as an informative) relating to the decision. Paragraph: 127 Reference ID: 36-127-20140306. Special considerations apply in some of these circumstances. A tree preservation order (TPO) is an order made by the council for trees and woodlands to stop the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of protected trees or woodlands. Paragraph: 017 Reference ID: 36-017-20140306. If it has not received all the relevant documents and information the authority should declare the application invalid, decline to determine it and inform the applicant of their decision. 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. Having a trees preservation nearby can stressful for individuals who are wanting improve their outdoor area and garden because they might not be able to make the changes which they want. 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. Paragraph: 016 Reference ID: 36-016-20140306. Paragraph: 102 Reference ID: 36-102-20140306. Paragraph: 115 Reference ID: 36-115-20140306. Paragraph: 156 Reference ID: 36-156-20140306. a tree without the LPA's permission. If in doubt they are advised to seek advice from the authority or Natural England on how to proceed. It may be helpful to seek expert arboricultural and ecological advice. 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. 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. Any question of disputed compensation must be referred to, and determined by, the Lands Chamber of the Upper Tribunal. the possibility of a wider deterrent effect. The applicant is not necessarily required to provide a formal scaled location or site plan. Wilful damage carries . There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. Paragraph: 123 Reference ID: 36-123-20140306. 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. If it does not make such a condition it cannot serve a tree replacement notice requiring replacement. The authoritys consent is otherwise generally required for carrying out prohibited activities to a fruit tree protected by an Order and not cultivated on a commercial basis. See guidance on tree size in conservation areas. Planning permission Planning guidance for the public Protected trees: guidance on tree preservation orders Guidance Protected trees: guidance on tree preservation orders Explains the law on protected trees including getting permission to work on a protected tree. But the plan must identify clearly the tree or trees in question and, where appropriate, should identify main features of property affected by the application. It may not be necessary (or practical) for the replacement tree to be planted in the exact position of the original tree. We currently have over. Paragraph: 151 Reference ID: 36-151-20140306. Paragraph: 088 Reference ID: 36-088-20140306. Such notices may apply to breaches of conditions in planning permissions. Paragraph: 105 Reference ID: 36-105-20140306. 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. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. A tree preservation order (TPO) is placed if the council decides that a tree has a high aesthetic value. 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. A section 211 notice does not need to be publicised. Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. This site notice must: Before reaching its decision the authority must take into account any representations made by the date given in the site notice; and it must give notice of its decision to all people who made representations. Paragraph: 085 Reference ID: 36-085-20140306. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. Skip to Header Controller; Skip to Map; Skip to Attribute Table . Thank you for taking time to read this page and the information we have provided. 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. The 1963 Local Government (Planning and Development) Act, section 45 provided for the making of tree preservation orders by the planning authority where it is considered desirable to preserve trees on amenity grounds. Authorities should consider how best to be in a position to respond to enquiries about whether particular trees in their area are protected. Legislation limits the authoritys liability by setting out circumstances in which a claim cannot be made and circumstances in which compensation is not payable. Flowchart 1 shows the process for confirming an Order. The authority must serve a copy of the variation Order on such people along with a statement explaining the effect of the variation. The standard form of Order includes a draft endorsement for variation. attributable to that persons failure to take reasonable steps to avert the loss or damage or mitigate its extent; loss or damage which, having regard to the application and the documents and particulars accompanying it, was not reasonably foreseeable when consent was refused or was granted subject to conditions; loss of development value or other diminution in the value of land; and/or. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. Tree preservation orders Trees and hedges are a key element of our countryside, but they also have a major part to play in urban areas. Submit a request for a tree preservation order To submit a request, email naturalenvironment@southglos.gov.uk and include: a photograph of the tree or trees a location plan clearly marking. If it is not done following the correct preservation standards and guidelines, it can cause further implications which cause the tree to re-grow. A Tree Preservation Order (TPO) is put in place to preserve single or groups of trees which are acknowledged amenity value. future potential as an amenity. Paragraph: 114 Reference ID: 36-114-20140306. This duty also applies if a tree outside woodland is removed because it is dead or presents an immediate risk of serious harm. Trees covered by TPOs must never be cut down or pruned unless permission is received from the council. 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. 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. The standard form of Order shows what information is required. In addition, where a neighbour submits an application, the authority should make sure the owner or occupier of the land on which the tree stands is informed and given a chance to comment. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. 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. The authority should ensure that all notified parties are given at least 28 days from the date of the notice to submit their representations. Here nuisance is used in its legal sense, not its general sense. In order to view the map please accept the following disclaimer. Click on a tree symbol or hatched area on the map to find more information. Paragraph: 084 Reference ID: 36-084-20140306. A Word version of the standard form is available. Paragraph: 164 Reference ID: 36-164-20140306. The authority is responsible for enforcing all conditions in a consent, so its decision notice should clearly state the reasons for its conditions. 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. 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. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. 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. However, permission must be sought first.Works undertaken to a protected tree without consent can result in a fine. This law means you have to give us six weeks notice before carrying out certain works on these trees, unless an exception applies. Unless you're sure that a tree or hedgerow is not protected, then you should not . The authoritys consent is not required in certain circumstances for work carried out by, or at the request of, those statutory undertakers listed in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. This can be done using the application form on our website and a member of the team will respond to you as quickly as they can. Paragraph: 030 Reference ID: 36-030-20140306. Paragraph: 122 Reference ID: 36-122-20140306. Paragraph: 012 Reference ID: 36-012-20140306. 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. 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. Paragraph: 010 Reference ID: 36-010-20140306. 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. Paragraph: 044 Reference ID: 36-044-20140306. There are over 300 Tree Preservation Orders designated in the borough . Prosecutions cannot require remedial works to the tree but will, where appropriate, both punish offenders and deter potential offenders. 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: 026 Reference ID: 36-026-20140306. The authority may wish to provide information to help them resubmit an appropriate notice. 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. Paragraph: 113 Reference ID: 36-113-20140306. 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. The Order must specify the trees or woodlands as being within 4 categories (individual, area, group and woodland). 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. In addition, the authority should: Paragraph: 099 Reference ID: 36-099-20140306 In the Secretary of States view, cutting roots is also a prohibited activity and requires the authoritys consent. 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. Authorities are advised to consult Historic England before making Orders on trees within or close to a scheduled monument. 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. 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. If the necessary requirements are met, the authority should validate the application. Trees in Development is for those planning a new development or project. Protected and Dangerous Trees includes: guidance on Tree Preservation Orders (TPOs) trees in Conservation Areas They are liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). Tree owners, their agents and authorities should consider biodiversity. When a TPO is in place, it is normally. A Tree Preservation Order (TPO) is a legally enforceable order used to protect trees, groups of trees and woodland that contribute to local amenity. It also means that you could face a fine because this could happen to be a protected tree. Local planning authorities may make Orders in relation to land that they own. See section 214D(3) of the Town and Country Planning Act 1990. It is not a charge on any other land. The area category is one way of protecting individual trees dispersed over an area. 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