on land in which the county council holds an interest. A section 211 notice is not, and should not be treated as, an application for consent under an Order. The authoritys consent is not required for carrying out work on trees subject to an Order so far as such work is necessary to implement a full planning permission. 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. withdraw from public inspection the copy of the variation order which was made available when it was first made. Flowchart 6 shows the decision-making process regarding offences. A programme of works could describe the classes of works which will need to be carried out as routine maintenance during the specified period. 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. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the appropriate authority). An Order can be used to protect individual trees, trees within an area, groups of trees or whole woodlands. Prosecutions cannot require remedial works to the tree but will, where appropriate, both punish offenders and deter potential offenders. 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. Cardiff Tree Preservation Orders (TPOs) served outside of the TPO review in Cardiff and one Variation Order linked to the review. 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. 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. Having a trees preservation nearby can stressful for individuals who are wanting improve their outdoor area and garden because they might not be able to make the changes which they want. The authority may wish to attach to its decision notice advice and information (sometimes known as an informative) relating to the decision. 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. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. It means that if the certain trees protected by the order is cut down or removed, it's an offence. 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. Paragraph: 084 Reference ID: 36-084-20140306. 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 can apply for consent under an Order. Where an authority decides to revoke an Order it must then follow the procedures set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. It is essential that an application sets out clearly what work is proposed. These appeals are handled by the Planning Inspectorate on the Secretary of States behalf. A Tree Preservation Order is made by the council, giving legal protection to trees or woodland. 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. Applicants are advised not to submit their applications until they are in a position to present clear proposals. A Tree Preservation Order (TPO) is a legally enforceable order used to protect trees, groups of trees and woodland that contribute to local amenity. It should also consider whether it is in the public interest to prosecute some or all of the individuals implicated in the offence. A tree owner may use an unused and unexpired consent obtained by a former owner. See section 214D(3) of the Town and Country Planning Act 1990. wilfully damage or destroy. 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. Paragraph: 152 Reference ID: 36-152-20140306. The authority must keep a register of all applications for consent under an Order. These procedures may require close liaison between tree officers, enforcement officers and legal advisers. However, some trees in conservation areas also have a. This order makes it an offence to: cut down. 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. 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. If the authority has decided not to confirm an Order it should promptly notify all people previously served with the made Order and withdraw the publicly available copy. You can view information relating to a specific TPO by clicking on the areas or trees marked. However, if the amenity value is lower and the impact is likely to be negligible, it may be appropriate to grant consent even if the authority believes there is no particular arboricultural need for the work. However, if the local planning authority believes, in the circumstances, that replacement trees should be planted, it should first try to persuade the landowner to comply with the duty voluntarily. Paragraph: 030 Reference ID: 36-030-20140306. A Tree Preservation Order (TPO) is an order made to protect a tree, or group of trees, or a woodland, in a particular area. 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. The authority is advised to bear in mind the limitations to its liability to pay compensation covered in the answers to the previous questions. To do so, submit online through the Planning Portal website. Paragraph: 095 Reference ID: 36-095-20140306. Paragraph: 166 Reference ID: 36-166-20140306. However, if work is proposed to trees other than those immediately affected by a proposed development then a separate section 211 notice should be submitted. Any person duly authorised in writing by the authority may enter land for the purpose of surveying it in connection with making or confirming an Order if there are reasonable grounds for entering for that purpose. A tree preservation order (TPO) is an order made by the council for trees and woodlands to stop the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of protected trees or woodlands. The Order must specify the trees or woodlands as being within 4 categories (individual, area, group and woodland). Paragraph: 162 Reference ID: 36-162-20140306. The link below will navigate you an interactive map where you can search for TPOs throughout the. Paragraph: 071 Reference ID: 36-071-20140306. The authority should give its decision in writing, setting out its reasons. They may also decide not to confirm the Order, which will stop its effect. The authority cannot validate an application that does not satisfy the necessary requirements. Authorities are encouraged to make their registers available online. It may not be necessary (or practical) for the replacement tree to be planted in the exact position of the original tree. People can apply for a tree protection order in surrounding areas if they feel that the area is at risk. 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. it is not necessary to carry out works on protected trees in order to implement a full planning permission. the amount payable is limited to any depreciation in the value of the trees attributable to deterioration in the quality of the timber in consequence of the authoritys decision. The authority is responsible for determining applications it makes to itself. Work should only be carried out to the extent that it is necessary to remove the risk. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010 make provision for the form of a TPO and the procedure to be followed when making and confirming a TPO. However the authoritys liability is limited. A section 211 notice does not have to be in any particular form. (179kb PDF), application for tree works subject to a TPO (179kb PDF), TheSupplementary Planning Guidance (SPG) Trees and Development (10.6mb PDF). Tree preservation orders Trees and hedges are a key element of our countryside, but they also have a major part to play in urban areas. require further approvals to be obtained from the person giving the consent; regulate the standard of the authorised work; allow repeated operations to be carried out (works may be carried out only once unless a condition specifies otherwise); and/or, impose a time limit on the duration of consent other than the. Legislation sets out circumstances in which a claim cannot be made. Conservation areas (trees within a conservation area are protected), Trees protected by a planning permission condition. The authority must be clear about what work it will allow and any associated conditions. Paragraph: 161 Reference ID: 36-161-20140306. In addition, the authority should: Paragraph: 099 Reference ID: 36-099-20140306 Dead trees and branches can provide very valuable habitats for plants and wildlife, which may also be protected under other legislation. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. 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. A copy of the Order will also be made available for public inspection. Paragraph: 147 Reference ID: 36-147-20140306. Paragraph: 077 Reference ID: 36-077-20140306. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. Paragraph: 105 Reference ID: 36-105-20140306. A section 211 notice should be acknowledged, although the authority should first consider whether the proposed work is exempt from the requirement to give this notice or requires a felling licence. 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. 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. It must publicise such an application by displaying a notice on or near the site for at least 21 days. Paragraph: 013 Reference ID: 36-013-20140306. Such notices may apply to breaches of conditions in planning permissions. 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. 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