Section 210(4A) and (4B) of the Town and Country Planning Act 1990 set out that, in respect of offences under section 210(4) of the Act, authorities may bring an action within 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutors knowledge. Amenity is not defined in law, so authorities need to exercise judgment when deciding whether it is within their powers to make an Order. To enter Crown land the authority must first get consent from the relevant Crown body, which may impose conditions. Paragraph: 095 Reference ID: 36-095-20140306. The exceptions allow removal of dead branches from a living tree without prior notice or consent. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. The map associated with each TPO is a historical document, it . A Tree Preservation Order (TPO) is an order made to protect a tree, or group of trees, or a woodland, in a particular area. If the danger is not immediate the tree does not come within the meaning of the exception. The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. 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. 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. Please feel free to let us know if you found it useful! If you plan to carry out work to a protected tree/hedge you must submit an application form. Paragraph: 029 Reference ID: 36-029-20140306. A plan is not mandatory but can be helpful. 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. Tree preservation orders. A tree preservation order (TPO) is placed if the council decides that a tree has a high aesthetic value. You can view information relating to a specific TPO by clicking on the areas or trees marked. lop. The form is available from the Planning Portal or the authority. Any question of disputed compensation must be referred to, and determined by, the Lands Chamber of the Upper Tribunal. Flowchart 3 shows the decision-making process for applications for consent to undertake work on protected trees. 15+ Years with Yell. 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. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. Paragraph: 158 Reference ID: 36-158-20140306. Section 210(3) provides that, in determining the amount of fine, the court shall take into account any financial benefit which has resulted, or is likely to result, from the offence. Click on the map to find out more about specific tree preservation order. Tree Preservation Orders (TPO) These orders are made and managed by local authorities. It is important that the applicant provides the authority with any additional required information at the same time as the form. If the tree or woodland you want to work on is in a Conservation Area then you also need to apply for consent using the sameapplication for tree works subject to a TPO (179kb PDF)External link opens in a new window. 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: 153 Reference ID: 36-153-20140306. Paragraph: 131 Reference ID: 36-131-20140306. 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. The authority should give its decision in writing, setting out its reasons. A section 211 notice does not need to be publicised. TPOs are placed on trees which are considered exceptionally important, either within the district or locally, for their: size and form. The standard form of Order shows what information is required. It is illegal to cut down, prune, destroy or damage trees covered by. The authority should also take into account the legal duty to replace trees. If a tree is covered by a TPO OR is in . This is because the purpose of the Order is to safeguard the woodland as a whole, which depends on regeneration or new planting. Paragraph: 121 Reference ID: 36-121-20140306. If a local planning authority makes an Order, it will serve notice on people with an interest in the land, inviting representations about any of the trees covered by the Order. 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. 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. development under a planning permission has not been commenced within the relevant time limit (ie the permission has expired); only outline planning permission has been granted; and. It may be helpful to seek expert arboricultural and ecological advice. A TPO means that formal consent or permission is needed before any work is carried out on the tree. 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. 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. 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. Orders should be used to protect selected trees and woodlands if their removal would have a significant negative impact on the local environment and its enjoyment by the public. This will help to maintain and enhance the amenity provided by protected trees. Where a Tree Preservation Order may be justified, the officer should gather sufficient information to enable an accurate Order to be drawn up. It notifies the authority of proposed work on trees in a conservation area that are not subject to a Tree Preservation Order. Flowchart 1 shows the process for making and confirming a Tree Preservation Order. Where an authority decides to revoke an Order it must then follow the procedures set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. People should not submit a section 211 notice until they are in a position to present clear proposals. 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. If a tree is not planted within the period specified in the notice the authority may extend the period for compliance with the notice. However, it is required to secure the consent of the appropriate authority before entering Crown land to enforce the notice. A notice must include the date it is submitted. A potential applicant or their agent may wish to first discuss the proposal informally with the authority. Paragraph: 113 Reference ID: 36-113-20140306. The maximum fine for the wilful destruction of a TPO or Conservation Area tree is 20,000 per tree. If your tree is protected then you will need to apply to the Council to carry out any work. Tree protection Tree Preservation Orders (TPO) apply to specific trees and woodlands in Cardiff to help protect them. An Order comes into effect on the day the authority makes it. The layer, CCBC_UA, Conservation_Area, TPO Groups, Areas, Woodlands, TPO Trees, cannot be added to the map. The work may go ahead before the end of the 6 week period if the local planning authority gives consent. Applicants, agents and authorities must have regard to statutory obligations concerning protected species. 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). Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. 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. Anyone carrying out work to a tree, even under an exception, should ensure they do not contravene laws protecting wildlife. 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. Tree Preservation Orders (TPO) and trees in conservation areas. Local planning authorities may make Orders in relation to land that they own. Paragraph: 068 Reference ID: 36-068-20140306. It may: While bearing in mind the 6-week notice period, the authority should allow sufficient time for it to receive objections to the work. These procedures may require close liaison between tree officers, enforcement officers and legal advisers. Map of Tree Preservation Orders and conservation areas The map below shows the location of Trees covered by conservation areas or Tree Preservation Order (TPO) within North Kesteven.. 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. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. It is sufficient to find that, by virtue of the state of a tree, its size, its position and such effect as any of those factors have, the tree presents an immediate risk of serious harm that must be dealt with urgently. 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: 148 Reference ID: 36-148-20140306. 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. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. Also, in some cases, accidental destruction of a protected tree is not an offence. This is particularly important where repeated operations have been applied for. Wilful damage carries . Protected and Dangerous Trees includes: guidance on Tree Preservation Orders (TPOs) trees in Conservation Areas Paragraph: 147 Reference ID: 36-147-20140306. You can find out more about tree preservation orders in the following: Town and Country Planning Act 1990 (in particular sections 197-214 as amended) The Planning and Compensation Act 1991 . Paragraph: 073 Reference ID: 36-073-20140306. Before authorities make or confirm an Order they should be able to show that protection would bring a reasonable degree of public benefit in the present or future. To be valid, an application for works to trees covered by a Tree Preservation Order must: Paragraph: 065 Reference ID: 36-065-20140306. They are made to protect individual trees, groups of trees or woodlands which have . It is, however, important to gather enough information to be able to accurately map their boundaries. 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. For works to trees that are subject to statutory protection through a Tree Preservation Order (TPO) or those in a Conservation Area the permission of the local planning authority will be. In order to view the map please accept the following disclaimer. Paragraph: 130 Reference ID: 36-130-20140306. The authority must keep available for public inspection a register of all section 211 notices. 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. 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.
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