Zoom in to the map to see where TPOs are in place. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. A Tree Preservation Order is an order made by a Local Planning Authority (LPA). View Tree Preservation Orders (TPOs) There are about 500 Tree Preservation Orders (TPOs) in Herefordshire, covering approximately 743,000 individual trees. 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. Paragraph: 024 Reference ID: 36-024-20140306. A tree preservation order in Cardiff CF24 5 is fairly common nowadays because people have realised that one needs to be set in place to protect the environment and the wildlife. Prosecutions cannot require remedial works to the tree but will, where appropriate, both punish offenders and deter potential offenders. The authority should also take into account the legal duty to replace trees. Paragraph: 045 Reference ID: 36-045-20140306. The authority may issue a decision more than 8 weeks after it receives an application, but cannot decide the application once an appeal has been made and remains outstanding. Welcome to the Ards and North Down Borough Interactive Tree Preservation Order (TPO) Map. 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. A Tree Preservation Order (TPO) is put in place to preserve single or groups of trees which are acknowledged amenity value. Paragraph: 026 Reference ID: 36-026-20140306. Regulation 14 of the Town and Country Planning General Regulations 1992 applies sections 276 (power to sell materials removed during work), 289 (power to require occupiers to allow work to be carried out by the owner) and 294 (limit on liability of agents or trustees) of the Public Health Act 1936 to tree replacement notices. You must submit a tree works application before carrying out any work to trees protected by TPOs.You will also need to submit an application giving the council 6 weeks notice of any proposed tree work in a conservation area.You can use the tree works application form or apply online through Planning Portal. A tree preservation order (TPO) is placed if the council decides that a tree has a high aesthetic value. It is not a charge on any other land. For example, knowledge of the existence of the Tree Preservation Order in question is not required. The Orders effect will stop on the date of its decision, which must be recorded on the Order. Paragraph: 121 Reference ID: 36-121-20140306. We use some essential cookies to make this website work. Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. In addition, trees and saplings which grow naturally or are planted within the woodland area after the Order is made are also protected by the Order. The Order must be set out using the standard form of Order in the Schedule to the Town and Country Planning (Tree Preservation) (England) Regulations 2012 (or in a form substantially to the same effect). Protected trees can be of any size or species. Tree Preservation Orders. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. Work should only be carried out to the extent that it is necessary to remove the risk. 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. Tree Preservation Orders in CCBC. These are similar to those for making and confirming a new 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. 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. The authority can enforce tree replacement duties by serving a tree replacement notice. The authority may wish to provide information to help them resubmit an appropriate notice. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. To enter Crown land the authority must first get consent from the relevant Crown body, which may impose conditions. The authoritys consent for such work is not required. If a tree is not planted within the period specified in the notice the authority may extend the period for compliance with the notice. You may be trying to access this site from a secured browser on the server. Paragraph: 158 Reference ID: 36-158-20140306. Flowchart 6 shows the decision-making process regarding offences. be made to the authority on the standard application form published by the Secretary of State and available on the, include the information required by the form (the. 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. In these areas the county council may only make an Order: Paragraph: 006 Reference ID: 36-006-20140306. [[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. The authority cannot validate an application that does not satisfy the necessary requirements. In addition, the authority may have to decide an application by a landowner asking it to dispense with the tree replacement duty. 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. A Tree Preservation Order (TPO) is a written order made by a local planning authority (the council), which, in general, makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order without the authority's permission. Paragraph: 041 Reference ID: 36-041-20140306. If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament. 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. If a tree is removed unprofessionally and illegally it can cause issues, a common issue we see if that the roots have been left in and then it has started growing again. Authorities should consider publicising successful prosecutions to help maximise their deterrent value. However, proceedings cannot commence more than 3 years after the date the offence was committed. For example, authorities should consider reviewing Orders protecting trees and woodlands affected by development or other change in land use since the Order was made. Attach a sketch plan of your property showing . In considering an application, the local planning authority should assess the impact of the proposal on the amenity of the area and whether the proposal is justified, having regard to the reasons and additional information put forward in support of it. This means that the trees are protected to maintain the natural. The authority must be clear about what work it will allow and any associated conditions. Paragraph: 088 Reference ID: 36-088-20140306. Appeals must be made to the Planning Inspectorate, which handles appeals on behalf of the Secretary of State, before the notice takes effect. 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. In your application, explain the reasons why you require the removal of it. They may also decide not to confirm the Order, which will stop its effect. Further guidance can be found in paragraph 37 and paragraph 38. Replacement trees planted under a condition rather than because of an obligation under section 206 of the Town and Country Planning Act 1990 are not automatically protected by the original Order. 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. If your tree is protected then you will need to apply to the Council to carry out any work. Trees can be protected either by a TPO or by being in a conservation area. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. Where an application relates to trees in a conservation area the authority must pay special attention to the desirability of preserving or enhancing the character or appearance of that area. Paragraph: 073 Reference ID: 36-073-20140306. The authority should assess whether or not the proposed work is exempt from the requirement to obtain its consent. 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. When considering an application the authority is advised to: Authorities should bear in mind that they may be liable to pay compensation for loss or damage as a result of refusing consent or granting consent subject to conditions. The standard form of Order shows what information is required. Paragraph: 116 Reference ID: 36-116-20140306. Paragraph: 069 Reference ID: 36-069-20140306. 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. When considering whether trees should be protected by an Order, authorities are advised to develop ways of assessing the amenity value of trees in a structured and consistent way, taking into account the following criteria: The extent to which the trees or woodlands can be seen by the public will inform the authoritys assessment of whether the impact on the local environment is significant. If you require a copy of any TPO on or affecting your property . Section 206(2) of the Town and Country Planning Act 1990 gives the authority power to dispense with the duty to plant a replacement tree where the landowner makes an application. Paragraph: 039 Reference ID: 36-039-20140306. 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. Paragraph: 102 Reference ID: 36-102-20140306. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. Click on the map to view the details of Tree Preservation Orders. The local planning authority cannot require maintenance work to be done to a tree just because it is protected. An Order comes into effect on the day the authority makes it. Paragraph: 122 Reference ID: 36-122-20140306. 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. 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. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. But it is not necessary for there to be immediate risk for there to be a need to protect trees. The authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. The notice should be served on the landowner. Paragraph: 036 Reference ID: 36-036-20140306. Paragraph: 134 Reference ID: 36-134-20140306. Paragraph: 151 Reference ID: 36-151-20140306. If a tree is covered by a TPO OR is in . Paragraph: 061 Reference ID: 36-061-20140306. any further information requested by the Inspector. These statutory undertakers, or contractors working at their request, are advised to liaise with local authorities prior to carrying out work to trees protected by an Order. For example, an authority may wish to replace an Order containing an area classification with new Orders protecting individual trees or groups of trees. It's recommended you speak to a professional like a tree surgeon or arboricultural consultant. 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. Flowchart 3 shows the process for applications to carry out work to protected trees. Its purpose is to protect trees which make a significant impact on their local surroundings. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. 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. A section 211 notice is not, and should not be treated as, an application for consent under an Order. 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. Flowchart 5 shows the decision-making process regarding notices for work to trees in a conservation area. Public visibility alone will not be sufficient to warrant an Order. It must publicise such an application by displaying a notice on or near the site for at least 21 days. Skip to Header Controller; Skip to Map; Skip to Attribute Table . These exemptions do not apply in circumstances where a tree has more than one stem at a point 1.5 metres above the natural ground level if any stem when measured over its bark at that point exceeds the relevant minimum. Please feel free to let us know if you found it useful! It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. The authority must make a copy of the variation order available for public inspection. They are made to protect individual trees, groups of trees or woodlands which have . 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 the trees are to be planted (including a plan showing their position); the period at the end of which the notice is to take effect (the period specified must be a period of not less than 28 days beginning with the date of service of the notice); a date by when the tree replacement notice should be complied with (the authority should consider what the landowner can reasonably do); that the landowner can appeal against the notice (further guidance can be found at, reference to the relevant Order or conservation area, further information about the landowners right of appeal against the notice, an explanation of what will happen if the landowner fails to comply with the notice, contact details of an authority officer who can deal with queries, expenses incurred for the purposes of complying with a tree replacement notice; or, sums paid to the authority for planting replacement trees themselves. 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