The Aboricultural Associationprovides information on choosing your Tree Surgeon. It may be helpful to use the standard application form for work to trees protected by an Order (available from the Planning Portal) as a section 211 notice, but the authority cannot insist on this. Paragraph: 167 Reference ID: 36-167-20140306, Paragraph: 168 Reference ID: 36-168-20140306, Paragraph: 169 Reference ID: 36-169-20140306, Paragraph: 170 Reference ID: 36-170-20140306, Paragraph: 171 Reference ID: 36-171-20140306, Paragraph: 172 Reference ID: 36-172-20140306, Paragraph: 173 Reference ID: 36-173-20140306. Did need some form filling etc but it got approved but had to plant 3 replacement trees nearby. During this period the Council can either give consent for the works to proceed or, if there are objections, make the tree (s) the subject of a Tree Preservation Order. We wanted to do some building and also tidy a few trees up so got a arborist on the case and he managed the process, we ended up taking a fair few trees out and planting some more in better places. Anyone who contravenes an Order by damaging or carrying out work on a tree protected by an Order without getting permission from the local planning authority is guilty of an offence and may be fined. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. Talk to them. Standard practice round our way is to do it over a bank holiday. 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. You could be . Paragraph: 052 Reference ID: 36-052-20140306. It means that no work can be carried out on the preserve trees or woodland without specific approval from the local council and its against the law to cut down or damage a tree with a TPO. However, the authority may decide to set a different time limit with a condition in the consent. If a tree on your land is protected by a Tree Preservation Order, according to the Schedule to the Town and Country Planning (Tree Preservation) (England) Regulations 2012, you must not (without permission from your local planning authority): Similarly, if your tree is protected by another method then you will need to apply to your local planning authority to carry out any works. 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 should consider whether that loss or damage has arisen within the 12 months following its decision or, in the case of an appeal to the Secretary of State, the final determination of that appeal. Tree Preservation Orders (or TPOs) are placed upon trees that have been assessed and identified as having 'amenity value'. Paragraph: 075 Reference ID: 36-075-20140306. How does the principle of osmosis apply in food preservation? For others you must give your local planning authority six weeks' notice in writing if you want to carry out work on them. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. Tree Preservation Orders apply to trees, woodlands and non-commercial orchards. Paragraph: 087 Reference ID: 36-087-20140306. Paragraph: 035 Reference ID: 36-035-20140306. The map below shows where Tree Preservation Orders (TPOs) exist in Haringey. Paragraph: 098 Reference ID: 36-098-20140306. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. There are many benefits of having trees in your garden, including natural beauty and protection from wind damage. The duty transfers to the new owner if the land changes hands. Authorities can also consider other sources of risks to trees with significant amenity value. These trees may appear to be a part of the hedge, but they should not be overly trimmed, lopped, or topped. Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas. This will help to maintain and enhance the amenity provided by protected trees. What happens if I cut down a tree with a TPO? More are welcome. if the tree is sick or dying, or you have other concerns about the tree, we recommend bringing in a qualified arborist to inspect and analyse your TPO tree and discuss the best course of action. One consideration would be to look at what is likely to happen, such as injury to a passing pedestrian. Flowchart 1 shows the process for making an Order. In these areas the county council may only make an Order: Paragraph: 006 Reference ID: 36-006-20140306. 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: 126 Reference ID: 36-126-20140306. Paragraph: 061 Reference ID: 36-061-20140306. A Tree Preservation Order (TPO) is made by the Local Planning Authority to protect certain trees or woodlands in a particular area. Dead trees and branches can provide very valuable habitats for plants and wildlife, which may also be protected under other legislation. Paragraph: 018 Reference ID: 36-018-20140306. 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. If the danger is not immediate the tree does not come within the meaning of the exception. Paragraph: 130 Reference ID: 36-130-20140306. The standard form of Order shows what information is required. 2. Search the forum using the power of Google. Please sign and share this petition today. 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: 106 Reference ID: 36-106-20140306. The authority must notify the occupier at least 24 hours before entering a dwelling or occupied land. The tree is a high risk species, and is too close to house according to the councils own planning dept, (theyd have told me to remove it as part of a planning application now and when the house was built (tree is younger than the house by about 20 years). This must be at least 21 days from the site notices date of display. Finding the land to double tree cover is an urgent challenge, and so is choosing the right species. Damage or destruction, as well as root cutting. These orders can be placed on an individual tree, a group of trees, an area or a woodland. The purpose of a TPO is to protect . It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. Just apply for planning, once its in place getting a tpo removed is near impossible but they may grant planning to remove a tree with a tpo. Tree owners, their agents and contractors, statutory undertakers and other bodies should take care not to exceed an exception. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Paragraph: 164 Reference ID: 36-164-20140306. Its down to their direction whether one should be granted. Tree Preservation Orders A Tree Preservation Order, or TPO, is usually made by a local planning authority (often the local council) to protect a specific tree or woodland from deliberate damage and destruction. To enter Crown land the authority must first get consent from the relevant Crown body, which may impose conditions. Subject to provisions relating to forestry operations in protected woodland, a claim for compensation must be for not less than 500 and made to the authority either: Paragraph: 109 Reference ID: 20-109-20140306. Find out if a tree is protected; How to apply for tree works consent; Where a Tree Preservation Order may be justified, the officer should gather sufficient information to enable an accurate Order to be drawn up. The law on Tree Preservation Orders is in Part VIII of the Town and Country Planning Act 1990 as amended and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 which came into force on 6 April 2012. 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. TPOs were (are? Trees that are exempt from TPOs are those that are dead, dying, diseased or dangerous and fruit trees grown for the commercial production of fruit. This protection is particularly important where trees are under threat. This is particularly important where the authority grants consent for some of the operations in an application and refuses consent for others. In a Conservation Area, tree work can only be carried out if it involves cutting down, lopping, topping, or uprooting a tree with a diameter of less than 75mm or cutting down or uprooting a tree with a diameter of less than 100mm in order to improve the growth of another tree. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. Paragraph: 146 Reference ID: 36-146-20140306. 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. Paragraph: 123 Reference ID: 36-123-20140306. <> (no, not me) did this in the past, and then went to the authorities with the argument It needs to be cut down before it falls down. If you want to work on a legally protected tree, you can contact Call Derbyshire, tel: 01629 533190 and request a paper application form to be posted to you. The local planning authority should consider including in the notice: Paragraph: 160 Reference ID: 36-160-20140306. Paragraph: 008 Reference ID: 36-008-20140306. Paragraph: 116 Reference ID: 36-116-20140306. Nevertheless, the authority should ensure that a valid Order exists, that the tree in question was clearly protected by it and that it has carried out its statutory functions properly and complied with all procedural requirements. Online map showing which trees have Tree Preservation Orders (opens in new window) Pruning or felling a protected tree can result in prosecution. Authorities can revoke an Order and at the same time make a new Order or new Orders to take its place. The authority may use conditions or informatives attached to the permission to clarify this requirement. The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. In addition, the authoritys consent is not needed in certain specific circumstances where the Regulations are deemed to have no effect. Paragraph: 124 Reference ID: 36-124-20140306. They prevent trees being cut down, uprooted, topped, lopped, wilfully damaged or destroyed, including cutting roots, without our permission. Here nuisance is used in its legal sense, not its general sense. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. 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. Within that time frame, objection to the TPO can be raised by anyone affected or living locally. Within your application, you should include: Yes if the local planning authority has not provided a decision within 8 weeks of your application or refuses your application, you can appeal to the Secretary of State, but you only have 28 days to submit your appeal. In such cases the authority should make the scope, timing and limit of the work clear. The authority must make a copy of the variation order available for public inspection. These provisions require people to notify the local planning authority, using a section 211 notice, 6 weeks before carrying out certain work on such trees, unless an exception applies. 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. Tell your daughter to move. The decision is made based upon the health of the tree and its positioning in terms of its . If you continue to use this site we will assume that you are happy with it. Maybe speak to the council. Special provisions also apply to trees within conservation areas designated by local planning authorities. A potential applicant or their agent may wish to first discuss the proposal informally with the authority. It might be to protect an area of land, which would prevent housing developments. Its strongly recommended that before any works to trees confirmation is sought from your local planning authority to confirm if the tree is protected. The authority should remind the landowner of the duty before the specified period ends and make clear that it will use its powers if the notice is not complied with. The council issues a Tree Preservation Order, which gives trees or woodland legal protection. Paragraph: 072 Reference ID: 36-072-20140306. If trees merit protection in their own right, authorities should specify them as individual trees in the Order. The Orders effect will stop on the date of its decision, which must be recorded on the Order. An authority dealing with an application relating to woodland must grant consent so far as accords with good forestry practice unless it is satisfied that the granting of consent would fail to secure the maintenance of the special character of the woodland or the woodland character of the area. 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. Policy DM10 of the Core Strategy 2011 states that the Council will protect trees by making Tree Preservation . a notice (a Regulation 5 notice) containing specified information. Paragraph: 084 Reference ID: 36-084-20140306. If all else fails use www.writetothem.com to provide your councillors with the information outlined below so that they can pass it on. Paragraph: 045 Reference ID: 36-045-20140306. The group category should be used to protect groups of trees where the individual category would not be appropriate and the groups overall impact and quality merits protection. Paragraph: 139 Reference ID: 36-139-20140306. The authority is responsible for enforcing all conditions in a consent, so its decision notice should clearly state the reasons for its conditions. Any request for such a dispensation should be put to the authority in writing. 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. She would like it reduced in size or preferably cut down. Sign up to our emails to keep up to date with our campaigns and how you can get involved, including whether you can help with a donation. A tree survey will allow you to argue for the removal of trees the surveyor recommends for removal, which will be diseased or dangerous specimens. In such cases authorities should bear in mind any unfinished matters relating to the old Order. 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. The authority should consider whether there is a realistic prospect of a conviction and whether it is in the public interest to prosecute. The Planning Inspectorate deals with most appeals through a written representations appeal procedure. You or anyone else can. The authority should consider varying the Order or making a new one to protect any replacement trees planted in a location not identified in the original Order. For significant changes that alter the nature of a proposal, for example where consent is sought for felling instead of pruning, the applicant should withdraw the original application and submit a new one. In the event of the Council not doing either of the above . It hitting my roof in high winds is a small inconvenience and, subject to planning aproval it will be cut back to two metres clear of my roof this fits their abatement of nuisance criteria so they need good reason to refuse, 2m is max they will permit on that basis. Paragraph: 073 Reference ID: 36-073-20140306. Where an exception applies the authoritys consent to carry out works is not needed, but notice of those works may need to be given to the authority. 1012357) is incorporated in England and Wales. For example, there may be engineering solutions for structural damage to buildings. Pollarding a variety of trees on a regular basis can be an effective way to rejuvenate and extend the life of a tree in some cases. Paragraph: 115 Reference ID: 36-115-20140306. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. Paragraph: 151 Reference ID: 36-151-20140306. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. The most effective way to defeat them is to use their own tactics against them and start costing them money [see Sun Tzus The Art of War]. Quite often housing developments incorporate trees quite close to houses inappropriately, which seems like a good idea at the time; the developer then gets planning permission, sells the houses and the problem. Oh dear. A TPO protects trees which make a significant impact on their local surroundings. Tough luck, dont like it, move house. 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. 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. If any tree is or has been home to a bat colony, you may find if useful to read this Bat Conservation Trust briefing. 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. They are made under the NSW Environmental Planning and Assessment Act 1979. In addition, the authority may have to decide an application by a landowner asking it to dispense with the tree replacement duty. 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