A TPO gives legal protection to an individual tree, group of trees, area or woodland. Paragraph: 139 Reference ID: 36-139-20140306. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. These are similar to those for making and confirming a new Order. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. If in doubt they are advised to seek advice from the authority or Natural England on how to proceed. 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. Paragraph: 150 Reference ID: 36-150-20140306. 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. Paragraph: 162 Reference ID: 36-162-20140306. Trees that have tree preservations orders (TPOs), or that are within conservation areas, are protected. So it follows that, while some trees may lack individual merit, all trees within a woodland that merits protection are protected and made subject to the same provisions and exemptions. The local planning authoritys consent is needed for carrying out work on diseased and/or dying trees unless some other exemption applies. 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. 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. Paragraph: 142 Reference ID: 36-142-20140306. 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. But such an applicant is advised to first consult the trees owner and also notify them promptly after submitting their application. [[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. But the place should at least correspond with the original position described in the Order and shown on the map. This exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. This duty also applies if a tree outside woodland is removed because it is dead or presents an immediate risk of serious harm. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. In these areas the county council may only make an Order: Paragraph: 006 Reference ID: 36-006-20140306. Paragraph: 093 Reference ID: 36-093-20140306. These factors alone would not warrant making an Order. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. Paragraph: 075 Reference ID: 36-075-20140306. Paragraph: 144 Reference ID: 36-144-20140306. Paragraph: 019 Reference ID: 36-019-20140306. 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. However, proceedings cannot commence more than 3 years after the date the offence was committed. The authority must be clear about what work it will allow and any associated conditions. The authority can deal with a section 211 notice in one of three ways. A section 211 notice does not need to be publicised. If you use our specialists we will work with you to provide the best outcome for all the nearby community. Paragraph: 101 Reference ID: 36-101-20140306. Paragraph: 067 Reference ID: 36-067-20140306. The duty attaches to subsequent owners of the land. They should consider first discussing their ideas with an arboriculturist or the authoritys tree officer. Paragraph: 107 Reference ID: 36-107-20140306. In addition, the authority should: Paragraph: 099 Reference ID: 36-099-20140306 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. 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: 036 Reference ID: 36-036-20140306. Details on High Court challenges are in the Planning Inspectorates guidance on tree replacement appeals. Only one copy of each application document needs to be submitted. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. where necessary in connection with the grant of planning permission, on land which is not wholly lying within the area of a single district council. 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. 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. Anyone wanting to cut down, top, lop or uproot trees subject to an Order must first apply to the local planning authority for its consent unless the proposed work is exempt through an exception. 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). When the authority has decided to confirm an Order it should, as soon as practicable, notify all people previously served with the made Order. 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. 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. The form is available from the Planning Portal or the authority. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. People should not submit a section 211 notice until they are in a position to present clear proposals. A plan is not mandatory but can be helpful. Nor is a section 211 notice required for: Paragraph: 132 Reference ID: 36-132-20140306. 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. Paragraph: 134 Reference ID: 36-134-20140306. View Tree Preservation Orders (TPOs) There are about 500 Tree Preservation Orders (TPOs) in Herefordshire, covering approximately 743,000 individual trees. We use some essential cookies to make this website work. Applicants (or their agents) must make any appeal in writing by notice to the Planning Inspectorate. Paragraph: 135 Reference ID: 36-135-20140306. It is an offence to carry out any work on those trees without permission from the Council. Their purpose is to protect trees for the public to enjoy. 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. An Order can be used to protect individual trees, trees within an area, groups of trees or whole woodlands. For more details about a local tree conservation order in Cardiff CF24 5 we recommend that you contact us today! Paragraph: 136 Reference ID: 36-136-20140306, Section 210(1) and section 202C(2) of the Town and Country Planning Act 1990 provide that anyone who, in contravention of a Tree Preservation Order. Where a tree is not covered by the woodland classification and is cut down because there is an urgent necessity to remove an immediate risk of serious harm, the landowner has a duty to plant a replacement tree of an appropriate size and species. Special considerations apply in some of these circumstances. 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 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. 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 authority may use conditions or informatives attached to the permission to clarify this requirement. This map is provided for indicative purposes only and should not be used for identification of land ownership. Legislation limits the authoritys liability by setting out circumstances in which a claim cannot be made and circumstances in which compensation is not payable. Your experience on this site will be improved by allowing cookies. This notice period gives the authority an opportunity to consider whether to make an Order on the tree. Where local people might be affected by an application or where there is likely to be a good deal of public interest, the authority should consider displaying a site notice or notifying the residents, authorities or groups affected. Where appropriate, authorities should encourage single applications for regularly repeated operations and phased works or programmes of work on trees under good management. Similarly, land drainage boards do not need to obtain consent before cutting down or carrying out certain works to trees protected by an Order. This means that the trees are protected to maintain the natural. An authority is only liable to pay compensation in certain circumstances and there are strict criteria and limitations. A programme including tree felling should be more specific and should, where appropriate, cater for replacement tree planting. ensure that appropriate expertise informs its decision. 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