Paragraph: 005 Reference ID: 36-005-20140306. Any necessary minor clarification should be confirmed in writing by the applicant either in a separate letter or by modifying the original application. 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. Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. withdraw from public inspection the copy of the variation order which was made available when it was first made. For further information contact the Countryside Officer. People should not submit a section 211 notice until they are in a position to present clear proposals. These should specifically address each of the applicant’s reasons for making the application. Tree Preservation Orders Find out what you need to know before doing any work on a tree. In addition, the authority must make available a copy of the Order at its offices. 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. Anyone considering challenging the validity of an Order in the High Court is advised to seek legal advice. Subject to provisions relating to forestry operations in protected woodland, an authority may be liable to pay compensation for loss or damage caused or incurred in consequence of it: Paragraph: 108 Reference ID: 36-108-20140306. A section 211 notice is not, and should not be treated as, an application for consent under an Order. It should also consider whether it is in the public interest to prosecute some or all of the individuals implicated in the offence. Flowchart 6 shows the decision-making process regarding offences. Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary. information on any people with a legal interest in the land affected by the Order (further guidance can be found in, the tree’s or trees’ importance as a wildlife habitat; and/or. The authority is responsible for enforcing all conditions in a consent, so its decision notice should clearly state the reasons for its conditions. The law protects certain individual trees and groups of trees. This duty also applies if a tree outside woodland is removed because it is dead or presents an immediate risk of serious harm. 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. The Town and Country Planning (Tree Preservation)(England) Regulations 2012 introduced a single set of procedures for all trees covered by tree preservation orders. It must also notify people interested in the land affected by the variation Order. 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. Paragraph: 145 Reference ID: 36-145-20140306. For the purposes of the Act, a person does not have to obliterate a tree in order to ‘destroy’ it. Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. 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. Paragraph: 101 Reference ID: 36-101-20140306. This may include: Paragraph: 022 Reference ID: 36-022-20140306. A Word version of the standard form is available. Such notices may apply to breaches of conditions in planning permissions. Unless stated, this process applies to trees subject to a Tree Preservation Order and to trees in a conservation area that are not subject to an Order. A Tree Preservation Order (TPO) is an order made by the Council giving legal protection to a tree, a group of trees or a woodland. Don’t worry we won’t send you spam or share your email address with anyone. Click on the map below to find out further information; including details of highway status, schools, parks, recycling centres, recent planning applications and more. Arboricultural advice from competent contractors and consultants, or the authority, will help to inform tree owners of their responsibilities and options. Trees can be protected by a TPO or by being in a conservation area. Authorities may authorise in writing their officers to enter land at a reasonable hour to ascertain whether an offence under section 210 or 211 has been committed if there are reasonable grounds for entering for this purpose. 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 authority may decide to notify other people, groups, authorities and organisations (such as parish councils and the Forestry Commission). You can check if a tree is within the boundaries of a conservation area by using our interactive map. 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. Paragraph: 054 Reference ID: 36-054-20140306. The authority should ensure that all notified parties are given at least 28 days from the date of the notice to submit their representations. Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area (if that tree is not already protected by an Order), or causes or permits such work, without giving a section 211 notice (or otherwise contravenes section 211 of the Town and Country Planning Act 1990) is guilty of an offence, unless an exception applies. Paragraph: 038 Reference ID: 36-038-20140306. reasonably foreseeable by that person; and. The local planning authority may also impose a condition requiring replacement planting when granting consent under an Order for the removal of trees. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. ... Tree Preservation Orders in West Dorset can also be viewed on a map. Paragraph: 073 Reference ID: 36-073-20140306. The local planning authority cannot require maintenance work to be done to a tree just because it is protected. How to apply for consent to work on trees. 'TPO Trees - Individual TPO' are indicated by a green star, 'TPO Areas - Group TPO' are indicated by a right leaning grid with a green boundary and 'Conservation Areas' are indicated by a left leaning grid with an orange boundary. Authorities are encouraged to make these registers available online. it is not necessary to carry out works on protected trees in order to implement a full planning permission. However the authority’s liability is limited. In these cases the authority should satisfy itself that the proposed works are appropriate for this type of consent and that the relevant evidence supports this. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. Flowchart 3 shows the decision-making process for applications for consent to undertake work on protected trees. The authority’s 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. It must endorse the original Order with a statement that it has been varied and specifying the date on which the variation order takes effect. They should be notified of the: If the authority has confirmed the Order with modifications, then it should serve a copy of the Order as confirmed. Paragraph: 057 Reference ID: 36-057-20140306. If any specified time limit expires, and the tree owner wishes to carry out a prohibited activity in respect of protected tree, a further application for consent has to be made. 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 landowner’s 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. In these areas the county council may only make an Order: Paragraph: 006 Reference ID: 36-006-20140306. ‘Amenity’ is not defined in law, so authorities need to exercise judgment when deciding whether it is within their powers to make an Order. Trees will appear on the map under the following types: individual tree; group of trees; woodland; area; Our map will also show any trees protected by a tree preservation order. An Order comes into effect on the day the authority makes it. 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. For example: Paragraph: 100 Reference ID: 36-100-20140306. Paragraph: 068 Reference ID: 36-068-20140306. 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. Paragraph: 081 Reference ID: 36-081-20140306. The woodland category’s purpose is to safeguard a woodland as a whole. Paragraph: 053 Reference ID: 36-053-20140306. 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. To bring a successful prosecution the authority should have sufficient evidence to show that: The elements of the offence must be proved beyond reasonable doubt. Paragraph: 041 Reference ID: 36-041-20140306. This notice period gives the authority an opportunity to consider whether to make an Order on the tree. Trees covered by a Tree Preservation Order (TPO) or situated within a Conservation Area are protected under a range of legislation that makes it an offence to carry out any work on those trees without permission from West Lindsey District Council. The authority has discretion whether to undertake wider notification and publicity if it considers this would be appropriate. The form is available from the Planning Portal or the authority. the amenity value of the tree or trees in question, how that amenity value would be affected by the proposed work, granting a consent subject to conditions; or, refusing any consent, agreement or approval required under a condition, within 12 months of the date of the authority’s decision; or. Paragraph: 071 Reference ID: 36-071-20140306. The authority should give its decision in writing, setting out its reasons. Paragraph: 007 Reference ID: 36-007-20140306. The authority is advised to bear in mind the limitations to its liability to pay compensation covered in the answers to the previous questions. 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‘. Paragraph: 037 Reference ID: 36-037-20140306. This is particularly important where repeated operations have been applied for. Section 192 of the Planning Act 2008 made further amendments to the 1990 Act which allowed for the transfer of provisions from within existing Tree Preservation Orders to regulations. The duty attaches to subsequent owners of the land. Welcome to MARIO (Maps & Related Information Online) – Lancashire County Council’s interactive mapping website. Tree Preservation Order (TPO) Procedure [204kb] Bats and Trees [181kb] Wildlife and Trees [196kb] Buying a Small Woodland [219kb] Buying a House with a Tree in the Garden [198kb] Choosing a Tree [175kb] Dead, dying or dangerous trees [187kb] Guide to Protected Trees [203kb] Making a Planning Application with Trees [936kb] Planting a Tree [247kb] Paragraph: 096 Reference ID: 36-096-20140306. If the authority did not visit the site before the application was made then an officer should do so at this stage. Trees in The local planning authority should consider including in the notice: Paragraph: 160 Reference ID: 36-160-20140306. Early discussion will give the authority a chance to: Where there has been no pre-application discussion the applicant may, after discussion with the authority, still modify the application in writing or withdraw it and submit a new one. The group category should be used to protect groups of trees where the individual category would not be appropriate and the group’s overall impact and quality merits protection. There is, however, a right of appeal to the Secretary of State following an application to carry out work on trees protected by an Order that is refused, granted subject to conditions, or not determined. The area category is one way of protecting individual trees dispersed over an area. 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). 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. Nor should the authority confirm an Order if it has made substantial changes to it, for example by changing an area classification to a woodland classification. The Council helps to protect trees and woodland by making use of Tree Preservation Orders (TPO). It is not a charge on any other land. The authority may use conditions or informatives attached to the permission to clarify this requirement. The authority must ensure that applications clearly specify the proposed works and their timing or frequency. See the Planning Inspectorate’s detailed guidance on making an appeal and the associated form. The authority is advised to refer a section 211 notice containing insufficient or unclear information back to the person who submitted it. Paragraph: 023 Reference ID: 36-023-20140306. the address of the land where the tree stands; sufficient information to identify the tree; the date of the authority’s decision date (if any); and, the cutting down, topping or lopping or uprooting of a tree whose diameter does not exceed 75 millimetres; or. We’ll send you a link to a feedback form. Go to interactive map; Apply for a Tree Preservation Order or a Hedgerow Removal Notice. 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: 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. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. Authorities are encouraged to make their registers available online. However, proceedings cannot commence more than 3 years after the date the offence was committed. Paragraph: 035 Reference ID: 36-035-20140306. If a hedge or tree on your property overhangs the road, or may fall onto the road, it's legally your responsibility to keep it trimmed and maintained. It is expected that all vegetation control is carried out in accordance with best arboricultural practice. Before carrying out work, check with your district or borough council's planning department or tree officer to find out whether the tree is: subject to a Tree Preservation Order (TPO) in a conservation area. Paragraph: 127 Reference ID: 36-127-20140306. 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. 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. The guidance notes for the standard application form list the requirements. If an authority identifies trees which it would have made subject to an Order but for the Forestry Commission’s interest in the land, it may ask the Commission to let it know when that interest in the land is likely to cease. Authorities considering making an Order on or near civil or military aerodromes are advised to consult the owner or operator, or the Ministry of Defence. For example, an authority may wish to replace an Order containing an area classification with new Orders protecting individual trees or groups of trees. Paragraph: 153 Reference ID: 36-153-20140306. Further information is available in our guidance leaflet: Is your over grown vegetation causing others a problem? The various grounds on which an appeal may be made are set out in Regulation 19. The applicant will usually be the owner of the tree or trees in question or an arboricultural contractor or other person acting as the applicant’s agent. Sufficient information in a section 211 notice will help the local authority to verify that the proposed work, if undertaken, has not been exceeded and support enforcement action if appropriate. The authority must serve a copy of the variation Order on such people along with a statement explaining the effect of the variation. View a map with TPO locations + 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. Paragraph: 030 Reference ID: 36-030-20140306. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. Clearly it must be satisfied that the trees were protected at the time they were removed. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. If the necessary requirements are met, the authority should validate the application. Paragraph: 012 Reference ID: 36-012-20140306. Paragraph: 151 Reference ID: 36-151-20140306. Revision date: 06 03 2014. To carry out any works on a tree subject to a TPO, an application must be made to the Council. Paragraph: 070 Reference ID: 36-070-20140306. 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. A general description of genera should be sufficient for areas of trees or woodlands. 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. Paragraph: 059 Reference ID: 36-059-20140306. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. In such cases, compensation is not payable for any: Paragraph: 110 Reference ID: 36-110-20140306. This process applies to contraventions of Tree Preservation Orders. If you are having problems using the map, or if you have any suggestions, please email maps@salford.gov.uk. There is a right of appeal against a tree replacement notice however the authority has powers to dispense with the duty to plant a replacement tree. The standard form of Order provides examples of how information should be recorded in a schedule. For example, knowledge of the existence of the Tree Preservation Order in question is not required. They should consider first discussing their ideas with an arboriculturist or the authority’s tree officer. 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. Details on High Court challenges are in the Planning Inspectorate’s guidance on tree replacement appeals. However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. Where a Tree Preservation Order may be justified, the officer should gather sufficient information to enable an accurate Order to be drawn up. Where an authority decides not to confirm a variation order that adds trees it must: Paragraph: 055 Reference ID: 36-055-20140306. Paragraph: 013 Reference ID: 36-013-20140306. 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). However the authority can consider publicising a section 211 notice in order to seek the views of local residents, groups or authorities, particularly where there is likely to be public interest. Section 209(2) of the Town and Country Planning Act 1990 includes a provision enabling the landowner to recover from any other person responsible for the cutting down, destruction or removal of the original tree or trees, as a civil debt, any: Paragraph: 163 Reference ID: 36-163-20140306. We take a balanced approach to the management of vegetation and trees on our highways. But the plan must identify clearly the tree or trees in question and, where appropriate, should identify main features of property affected by the application. 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: 043 Reference ID: 36-043-20140306. Applicants must provide reasons for proposed work. Paragraph: 083 Reference ID: 36-083-20150415, Revision date: 15 04 2015 See previous version. 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