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. This duty applies when an authority discharges its enforcement powers, including rights of entry, gathering samples from trees or of soil and taking statements. 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. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. See section 214D(3) of the Town and Country Planning Act 1990. Credit: Chris . 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. It is not a charge on any other land. The authority can deal with a section 211 notice in one of three ways. The Order must also include, or have annexed to it, a map giving a clear indication of the position of the protected trees, groups of trees or woodlands. 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. However, permission must be sought first.Works undertaken to a protected tree without consent can result in a fine. The authority should assess whether or not the proposed work is exempt from the requirement to obtain its consent. It may be served electronically if the landowner has provided their electronic address to the authority (see section 329(1)(cc) of the Act). the possibility of a wider deterrent effect. Appeals must be made to the Planning Inspectorate, which handles appeals on behalf of the Secretary of State, before the notice takes effect. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. If the authority did not visit the site before the application was made then an officer should do so at this stage. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. This could include felling, lopping, topping, uprooting or otherwise wilful damage. 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. 15+ Years with Yell. the cutting down, topping, lopping or uprooting of a tree by, or on behalf of, the authority; the cutting down, topping, lopping or uprooting of a tree by or on behalf of the, cuts down, uproots or wilfully destroys a tree; or, tops, lops or wilfully damages a tree in a way that is likely to destroy it; or. 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. For example, there may be engineering solutions for structural damage to buildings. The authority should make a copy of the Order as confirmed available for public inspection at its offices, replacing the copy of the made Order. It will take only 2 minutes to fill in. 1.2 All of the Orders were served in October and November 2012 and will Authorities should consider how best to be in a position to respond to enquiries about whether particular trees in their area are protected. An Order comes into effect on the day the authority makes 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. 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. The Planning Inspectorate deals with most appeals through a written representations appeal procedure. However, the authority cannot enter Crown land without consent from the appropriate Crown body. It is important that trees are inspected regularly and necessary maintenance carried out to make sure they remain safe and healthy. These factors alone would not warrant making an Order. Any type of tree can be protected by a TPO regardless of its species; this includes hedgerow trees, but not hedges, bushes or shrubs. Paragraph: 156 Reference ID: 36-156-20140306. Paragraph: 095 Reference ID: 36-095-20140306. A section 211 notice does not have to be in any particular form. Prosecutors should ensure that evidence at trial is restricted only to establishing the elements of the offence. Work should only be carried out to the extent that it is necessary to remove the risk. Please feel free to let us know if you found it useful! Anyone who wilfully obstructs an authority officer exercising these rights of entry is guilty of an offence and liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). Paragraph: 123 Reference ID: 36-123-20140306. This map is provided for indicative purposes only and should not be used for identification of land ownership. 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. 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. The Variation Order is located in Lakeside in the ward of Cyncoed. TPOs can be viewed on the Tree Preservation Order Map. . A copy of the Order itself can be viewed on the Council's web site, on the. Paragraph: 085 Reference ID: 36-085-20140306. However, the authority may decide to set a different time limit with a condition in the consent. In these circumstances the authority is advised to vary the Order to bring it formally up to date. Trees in conservation areas that are more than 7.5cm in diameter at 1.5 metres above the ground have protection, as if they have a TPO. Authorities are advised to consult Historic England before making Orders on trees within or close to a scheduled monument. Authorities can also consider other sources of risks to trees with significant amenity value. Following an application to a local planning authority for consent to cut down or carry out work on a tree subject to an Order, an applicant can appeal to the Secretary of State. 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. Works cannot be done to any tree in the city, subject to a TPO, without prior approval from. When considering whether to prosecute, the authority should have regard to the Code for Crown Prosecutors and its own enforcement and prosecution policies. The authority may use conditions or informatives attached to the permission to clarify this requirement. When a TPO is in place, it is normally. * map location should not be relied on for accuracy. We currently have over. This order makes it an offence to: cut down. If youd like an email alert when changes are made to planning guidance please subscribe. 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. If you use assistive technology (such as a screen reader) and need a 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. The validity of an Order cannot be challenged in any legal proceedings except by way of application to the High Court on a point of law. In some cases the authority may believe that certain trees are at risk as a result of development pressures and may consider, where this is in the interests of amenity, that it is expedient to make an Order. 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. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. 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. Paragraph: 143 Reference ID: 36-143-20140306. Paragraph: 029 Reference ID: 36-029-20140306. Tree Preservation Orders (TPO) and trees in conservation areas. Paragraph: 012 Reference ID: 36-012-20140306. These exceptions include certain work: Paragraph: 060 Reference ID: 36-060-20140306. Paragraph: 131 Reference ID: 36-131-20140306. Sections 214B, 214C and 214D of the Town and Country Planning Act 1990 set out provisions relating to rights of entry in respect of protected trees. View a map of existing Tree Preservation Orders and Conservation Areas. Your experience on this site will be improved by allowing cookies. Under section 206 of the Town and Country Planning Act 1990 landowners have a duty to replace a tree removed, uprooted or destroyed in contravention of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. The legislation provides no right of appeal to the Secretary of State against an authority either making or confirming an Order. In either case it should promptly inform the person who gave the notice. Paragraph: 024 Reference ID: 36-024-20140306. Paragraph: 107 Reference ID: 36-107-20140306. A tree replacement notice should make clear whether it relates to non-compliance with a condition or to a duty under section 206 or 213 of the Town and Country Planning Act 1990. contribution to the character or appearance of a conservation area. Arboricultural advice from competent contractors and consultants, or the authority, will help to inform tree owners of their responsibilities and options. Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas. be fair and reasonable in the circumstances of each case; be imposed only where there is a definite need for it; and. Follow us on Facebook, Twitter for all the latest Council news. 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. If an authority receives notice of work under any exception it may decide to inform the notifier that it considers the exemption does not apply and, if necessary, seek injunctive relief in the crown courts. 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. The Crown must give 6 weeks notice for works to trees in a conservation area, unless an exception applies or the local planning authority has given consent. any further information requested by the Inspector. View Tree Preservation Orders. The applicant will usually be the owner of the tree or trees in question or an arboricultural contractor or other person acting as the applicants agent. Failure to comply with a tree replacement notice is not an offence. 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. Carrying out unauthorised work on a protected tree is a criminal offence. 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. The authority may wish to provide information to help them resubmit an appropriate notice. If you'd like to know how to remove a tree preservation order, please follow the steps below: Write to the local council or authority who set the TOP in place. whether the notice relates to contravening an Order or a section 211 notice; whether the notice relates to complying with a condition of consent; the number, size and species of the replacement trees. Tree Preservation Orders falling within parishes of Stirton and Thorlby parish (outside the Yorkshire Dales National Park) More on Stirton with Thorlby Tree Preservation Orders. Paragraph: 094 Reference ID: 36-094-20140306. 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 grants consent it will be for the applicant to get any necessary permission (for access to the land, for example) from the owner, before carrying out the work. 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. Regulations 19-23 set out the appeal procedures. The Order will protect only those trees standing at the time it was made, so it may over time become difficult to be certain which trees are protected. Appeals against an authoritys decision to refuse consent can be made to the Secretary of State. They are liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). Authorities are encouraged to make their registers available online. 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. 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 . At present there are approximately 400 Tree Preservation Orders in the district. The legislation does not require authorities to describe the trees in the Order with full scientific names or plot them on the map with pinpoint accuracy. 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.. Before deciding whether to confirm an Order, the local authority must take into account all duly made objections and representations that have not been withdrawn. If an authority identifies trees which it would have made subject to an Order but for the Forestry Commissions interest in the land, it may ask the Commission to let it know when that interest in the land is likely to cease. Paragraph: 051 Reference ID: 36-051-20140306. If a tree is illegally felled to facilitate development then the fine can be raised to the . 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. 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. Only one copy of each application document needs to be submitted. Authorities can only confirm an Order within a 6 month period beginning with the date on which the Order was made. We can advise you based on the following fees: 1st hour - 125.00 (+ VAT) Subsequent charge per hour - 75.00 (+ VAT) Paragraph: 018 Reference ID: 36-018-20140306. Tree Preservation Orders (TPOs) There are over 560 separate TPOs within our boundaries covering individual trees, groups of trees, 'areas' and woodlands. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. For policy inquiries telephone 029 2082 3883, or write to: Decisions Branch, Planning Division, . Paragraph: 088 Reference ID: 36-088-20140306. A Tree Preservation Order (TPO) is a legally enforceable order used to protect trees, groups of trees and woodland that contribute to local amenity. 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. Paragraph: 147 Reference ID: 36-147-20140306. In addition, the authoritys consent is not needed in certain specific circumstances where the Regulations are deemed to have no effect. Tree preservation orders. You can find out whether a tree is protected by a TPO or is within a Conservation Area on our Interactive Map. The Tree Preservation Order and conservation area data shown, whilst based upon the registers, is not the legal document and is supplied for information purposes only. A general description of genera should be sufficient for areas of trees or woodlands. Please use the map linked below to find out if your tree is protected by a Tree Preservation Order (TPO) or located in a conservation area. If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament. [[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: 037 Reference ID: 36-037-20140306. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. 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. Authorities are encouraged to make these registers available online. The removal of countryside hedgerows is regulated under different legislation. The maximum fine for the wilful destruction of a TPO or Conservation Area tree is 20,000 per tree. Orders should be made in respect of trees where it appears necessary in connection with the grant of permission. Paragraph: 040 Reference ID: 36-040-20140306. 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. It may be helpful to seek expert arboricultural and ecological advice. Zoom in to the map to see where TPOs are in place. 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: 120 Reference ID: 36-120-20140306. 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. You may be trying to access this site from a secured browser on the server. This provisional effect lasts for 6 months, unless the authority first either confirms the Order to provide long-term protection or decides not to confirm it. Paragraph: 075 Reference ID: 36-075-20140306. In addition, the authority must make available a copy of the Order at its offices. This law means you have to give us six weeks notice before carrying out certain works on these trees, unless an exception applies. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. The authority may wish to attach to its decision notice advice and information (sometimes known as an informative) relating to the decision. They should therefore consider how best to demonstrate that they have made their decisions at this stage in an even-handed and open manner. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. 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. Anyone carrying out work to a tree, even under an exception, should ensure they do not contravene laws protecting wildlife. Authorities are advised to enter None against any categories not used in the Order. 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. Where an authority has granted planning permission for development in a conservation area, only tree works necessary to implement the development may be carried out. This must be at least 21 days from the site notices date of display. Section 214A of the Town and Country Planning Act 1990 enables an authority to apply to the High Court or County Court for an injunction to restrain an actual or apprehended offence under section 210 (contravention of a Tree Preservation Order) or section 211 (prohibited work on trees in a conservation area). 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. 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. Tree Preservation Orders(TPO) apply to specific trees and woodlands in Cardiff to help protect them. specify the particular trees, groups of trees or woodlands in question; in the case of an objection, state the reasons for the objection; In a particular case, the authority is satisfied that compliance with the above requirements could not reasonably have been expected. For example, it is unlikely to be necessary to make an Order in respect of trees which are under good arboricultural or silvicultural management. People are not required to submit a section 211 notice to the local planning authority for: In either case, the diameter of the tree is to be measured over the bark of the tree at 1.5 metres above ground level. The authority should clearly mark the application with the date of receipt. However, proceedings cannot commence more than 3 years after the date the offence was committed. Paragraph: 122 Reference ID: 36-122-20140306. Paragraph: 001 Reference ID: 36-001-20140306. No claim can be made for loss or damage incurred before an application for consent to undertake work on a protected tree was made. Only one section 211 notice is needed to carry out a number of different operations on the same tree or to carry out work on a number of trees. The authority can enforce tree replacement duties by serving a tree replacement notice. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. Applying to do Works on Protected Trees. Tree Preservation Order (TPO) Map. Paragraph: 080 Reference ID: 36-080-20140306. Tree Preservation Orders can help protect woods and trees. 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. Trees in a conservation area that are not covered by a TPO are protected in law - section 211 of the Town and Country Planning Act 1990. lop. 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: 016 Reference ID: 36-016-20140306. Paragraph: 138 Reference ID: 36-138-20140306. You'll need to assess yourself before deciding if works need to be carried out. 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). Conservation areas (trees within a conservation area are protected), Trees protected by a planning permission condition. Paragraph: 164 Reference ID: 36-164-20140306. The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. An injunction is a court order prohibiting a person from taking a particular action. Paragraph: 054 Reference ID: 36-054-20140306. 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. The local planning authority is not required to obtain the prior consent of the appropriate authority before serving a tree replacement notice on a Crown body. 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. Prior discussion with the applicant should help the authority to set a mutually acceptable condition that makes clear the number, size, species and location of the replacement trees and the period within which they are to be planted. Unless you're sure that a tree or hedgerow is not protected, then you should not . Paragraph: 007 Reference ID: 36-007-20140306. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. Authorities may either protect all trees within an area defined on the Orders map or only those species which it is expedient to protect in the interests of amenity. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. If you have a tree or group of trees protected by a tree preservation order, or you are within a conservation area and you wish to carry out any form of tree work, you must seek permission from the Council before starting. This act . Authorities should liaise with the Forestry Commission if they believe there has been a contravention of the felling licence provisions of the Forestry Act 1967. Paragraph: 115 Reference ID: 36-115-20140306. Paragraph: 098 Reference ID: 36-098-20140306. 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). If the local authority has not decided an application for consent within 8 weeks from the day it is received, then the applicant may appeal on grounds of non-determination. 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