Further guidance can be found in paragraph 37 and paragraph 38. We can advise you based on the following fees: 1st hour - 125.00 (+ VAT) Subsequent charge per hour - 75.00 (+ VAT) Paragraph: 087 Reference ID: 36-087-20140306. The authority should use its power to impose conditions to ensure that tree work or planting is carried out in accordance with good arboricultural practice. 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. 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. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. 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. The authority may wish to attach to its decision notice advice and information (sometimes known as an informative) relating to the decision. Paragraph: 011 Reference ID: 36-011-20140306. 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. The TPOs are located in St Mellons (in Trowbridge ward) and Riverside. If it is done professionally, they will be able to make sure that a thorough job is completed to a high standard. Before it accepts an application the authority should check that the trees are in fact subject to an Order currently in force and verify that the application is both valid and complete. trees which are not to be included in the Order. Paragraph: 080 Reference ID: 36-080-20140306. If a tree is covered by a TPO OR is in . 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. In addition, the authority should: Paragraph: 099 Reference ID: 36-099-20140306 Applicants are advised not to submit their applications until they are in a position to present clear proposals. People can apply for a tree protection order in surrounding areas if they feel that the area is at risk. Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. Paragraph: 057 Reference ID: 36-057-20140306. Where an authority considers there has been a breach of planning control and immediate action is required to stop an activity endangering the amenity of the area, Section 171E of the Town and Country Planning Act 1990 enables the authority to issue a temporary stop notice. It is important that the information on the form makes clear what the proposed work is and provides adequate information to support the case. 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. A tree preservation order (TPO) protects trees under the Town and Country Planning Act 1990. They protect individual trees, groups of trees or woods that are of particular value to local communities. If in doubt they are advised to seek advice from the authority or Natural England on how to proceed. If a tree is not planted within the period specified in the notice the authority may extend the period for compliance with the notice. Paragraph: 082 Reference ID: 36-082-20140306. Cardiff Tree Preservation Orders (TPOs) served outside of the TPO review in Cardiff and one Variation Order linked to the review. If the necessary requirements are met, the authority should validate the application. An authoritys tree strategy may identify localities or populations of trees as priorities for the making or reviewing of Orders. So the authority cannot: Paragraph: 118 Reference ID: 36-118-20140306. Paragraph: 019 Reference ID: 36-019-20140306. 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. The authority may enforce replanting by serving a tree replacement notice on the landowner. If the authority did not visit the site before the application was made then an officer should do so at this stage. Special considerations apply in some of these circumstances. Paragraph: 041 Reference ID: 36-041-20140306. Online map showing which trees have Tree Preservation Orders (opens in new window) Pruning or felling a protected tree can result in prosecution. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. . Flowchart 1 shows the process for confirming an Order. 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. 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. 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. Paragraph: 162 Reference ID: 36-162-20140306. 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. However, if the authority believes that some loss or damage is foreseeable, it should not grant consent automatically. 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). The requirements an authority must meet when varying an Order will depend on whether or not additional trees will be protected. When granting planning permission authorities have a duty to ensure, whenever appropriate, that planning conditions are used to provide for tree preservation and planting. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. Authorities and claimants are encouraged to try to reach an agreement. 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. Skip to Header Controller; Skip to Map; Skip to Attribute Table . Applicants should support claims that trees are damaging lighter structures and surfaces, such as garden walls, drains, paving and drives, by providing technical evidence from a relevant engineer, building/drainage surveyor or other appropriate expert. The authority can briefly explain whether or not it will be inviting comments on the application from local residents, authorities or groups, and whether it intends to visit the site. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. Paragraph: 105 Reference ID: 36-105-20140306. Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. View Tree Preservation Orders. Orders should be made in respect of trees where it appears necessary in connection with the grant of permission. 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. It should assess the quality of additional information submitted with an application form during the determination of the application. This will help to maintain and enhance the amenity provided by protected trees. In certain circumstances, compensation may be payable by the local planning authority for loss or damage which results from the authority refusing consent or granting consent with conditions. They prevent trees being cut down, uprooted, topped, lopped, wilfully damaged or destroyed, including cutting roots, without our permission. Paragraph: 098 Reference ID: 36-098-20140306. Enquire Today For A Free No Obligation Quote. We also use cookies set by other sites to help us deliver content from their services. In general terms, it follows that the higher the amenity value of the tree or woodland and the greater any negative impact of proposed works on amenity, the stronger the reasons needed before consent is granted. A section 211 notice does not have to be in any particular form. But the place should at least correspond with the original position described in the Order and shown on the map. Flowchart 7 shows the decision-making process regarding tree replacement. Tree Preservation Orders. 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 officer should record the number and species (or at least the genus) of the individual trees or groups of trees to be included in the Order and their location. You can find out whether a tree is protected by a TPO or is within a Conservation Area on our Interactive Map. 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. Applicants (or their agents) must make any appeal in writing by notice to the Planning Inspectorate. Trees in churchyards may be protected by an Order. 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 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. 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. Tree Preservation Orders (TPO) You must get permission for carrying out any work on a tree which is covered by a TPO. Authorities can confirm Orders, either without modification or with modification, to provide long-term tree protection. Part of: Planning guidance for the public First published: 15 November 2013 an existing forestry dedication covenant; a grant scheme or loan administered by the Forestry Commission; and/or. there is no need for Orders made before 6 April 2012 to be remade, amended or reissued. Zoom in to the map to see where TPOs are in place. 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. The same penalties as those for contravening an Order apply. If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament. It may be helpful to seek expert arboricultural and ecological advice. 1. 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. wilfully damage or destroy. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. Paragraph: 085 Reference ID: 36-085-20140306. Paragraph: 153 Reference ID: 36-153-20140306. Paragraph: 038 Reference ID: 36-038-20140306. Any request for such a dispensation should be put to the authority in writing. Paragraph: 028 Reference ID: 36-028-20140306. 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. Flowchart 2 shows the process for revoking Orders. 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. 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. Paragraph: 063 Reference ID: 36-063-20140306. Paragraph: 155 Reference ID: 36-155-20140306. [[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 can decide to confirm an Order in relation to some, but not all, of the trees originally specified in the Order it made. Flowchart 4 shows the decision-making process regarding compensation. Arboricultural advice from competent contractors and consultants, or the authority, will help to inform tree owners of their responsibilities and options. decide not to make an Order and allow the 6-week notice period to end, after which the proposed work may be done within 2 years of the date of the notice. In Trowbridge ward ) and Riverside the TPO review in cardiff and one Variation Order linked to the Map at...: 118 Reference ID: 36-118-20140306 claim ignorance of the application the Planning Inspectorate in. 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