The authority should first investigate whether or not an allegation that a contravention has taken place, or is about to take place, is true. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. 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. Dead trees and branches can provide very valuable habitats for plants and wildlife, which may also be protected under other legislation. How to Remove a Tree Preservation Order Where plans are being prepared under the transitional arrangements set out in Annex 1 to the revised National Planning Policy Framework, the policies in the previous version of the framework published in 2012 will continue to apply, as will any previous guidance which has been superseded since the new framework was published in July 2018. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. Paragraph: 074 Reference ID: 36-074-20140306. 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. 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. It is essential that an application sets out clearly what work is proposed. Unless work is urgently necessary because there is an immediate risk of serious harm, 5 working days prior written notice must be given to the authority before cutting down or carrying out other work on a dead tree. Paragraph: 028 Reference ID: 36-028-20140306. If you are having problems viewing the map, you can open the map directly here. It may be helpful to use the standard application form for work to trees protected by an Order (available from the Planning Portal) as a section 211 notice, but the authority cannot insist on this. A section 211 notice must describe the work proposed and include sufficient particulars to identify the tree or trees. 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. Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas. 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. Paragraph: 010 Reference ID: 36-010-20140306. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. [[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: 114 Reference ID: 36-114-20140306. Paragraph: 161 Reference ID: 36-161-20140306. The authority must keep a register of all applications for consent under an Order. Noise pollution can be a massive input on peoples lives and removing too many trees when people live near a road can cause the cars to seem so much louder, especially when they are not used to it, it would be a massive shock and people can become angry by this. A tree preservation order in Cardiff CF24 5 is fairly common nowadays because people have realised that one needs to be set in place to protect the environment and the wildlife. Paragraph: 061 Reference ID: 36-061-20140306. A tree owner may use an unused and unexpired consent obtained by a former owner. Trees in a conservation area Trees within conservation areas are also protected and works to trees in these areas are subject to restrictions even if the trees are not the subjects of a TPO. 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. Paragraph: 115 Reference ID: 36-115-20140306. Clearly it must be satisfied that the trees were protected at the time they were removed. 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. 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. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. It is important that the applicant provides the authority with any additional required information at the same time as the form. To protect additional trees or make other significant changes the authority should consider either varying the Order after it has been confirmed or making a further Order. Where a company contravenes an Order, section 331 of the Town and Country Planning Act 1990 provides that a director, manager or secretary or other similar officer of the company is guilty of the offence if it can be proved it was committed with their consent or connivance, or was attributable to any neglect on their part. TPOs can be viewed on the Tree Preservation Order Map. Furthermore, under section 44 of the Magistrates Courts Act 1980 any person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence. Such notices may apply to breaches of conditions in planning permissions. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. Tree Preservation Orders(TPO) apply to specific trees and woodlands in Cardiff to help protect them. 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 authoritys decision; or. When you know of a conservation order on trees and are unsure why it is there, then you could ask your local council. We can advise you based on the following fees: 1st hour - 125.00 (+ VAT) Subsequent charge per hour - 75.00 (+ VAT) 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. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. Paragraph: 036 Reference ID: 36-036-20140306. Online map showing which trees have Tree Preservation Orders (opens in new window) Pruning or felling a protected tree can result in prosecution. To be valid, an application for works to trees covered by a Tree Preservation Order must: Paragraph: 065 Reference ID: 36-065-20140306. But the authority and landowner may agree on planting, for example, one tree of a different species or two trees of a smaller species to replace one of a large species. Further guidance can be found at paragraph 148. In your application, explain the reasons why you require the removal of it. 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. If it is done professionally, they will be able to make sure that a thorough job is completed to a high standard. Applying to do Works on Protected Trees. Paragraph: 082 Reference ID: 36-082-20140306. Paragraph: 166 Reference ID: 36-166-20140306. Paragraph: 072 Reference ID: 36-072-20140306. Paragraph: 098 Reference ID: 36-098-20140306. Paragraph: 027 Reference ID: 36-027-20140306. These should specifically address each of the applicants reasons for making the application. The authority is advised to bear in mind the limitations to its liability to pay compensation covered in the answers to the previous questions. Applicants (or their agents) must make any appeal in writing by notice to the Planning Inspectorate. External link opens in a new window, 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 same, application for tree works subject to a TPO. However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. The form is available from the Planning Portal or the authority. Paragraph: 123 Reference ID: 36-123-20140306. wilfully damage or destroy. This need not be limited to that brought about by disease or damage to the tree. In the Secretary of States view, cutting roots is also a prohibited activity and requires the authoritys consent. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. The Planning Inspectorate publishes the appeal form and detailed guidance on the appeal process. It's recommended you speak to a professional like a tree surgeon or arboricultural consultant. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. In addition, authorities may wish to set up a programme to review Orders that include the area classification. 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. 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. They may decide to vary or revoke Orders because, for example: Paragraph: 050 Reference ID: 36-050-20140306. Tree Preservation Orders are usually made to protect trees . Any request for such a dispensation should be put to the authority in writing. Paragraph: 053 Reference ID: 36-053-20140306. on land in which the county council holds an interest. 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 standard form of Order shows what information is required. Trees in Development is for those planning a new development or project. This register must be available for inspection by the public at all reasonable hours. 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. Any type of tree can be protected by a TPO regardless of its species; this includes hedgerow trees, but not hedges, bushes or shrubs. 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. If your tree is protected in either of these ways then you will need to apply for permission before doing any works. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. This must be at least 21 days from the site notices date of display. When determining applications for consent under an Order, the authority may: The authority must decide the application before it, so it should not issue a decision which substantively alters the work applied for. Details on High Court challenges are in the Planning Inspectorates guidance on tree replacement appeals. 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. Paragraph: 076 Reference ID: 36-076-20140306. In such cases the authority should make the scope, timing and limit of the work clear. Amenity is not defined in law, so authorities need to exercise judgment when deciding whether it is within their powers to make an Order. If this deadline is missed and an authority still considers protection necessary it will have to make a new Order. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. Paragraph: 019 Reference ID: 36-019-20140306. The applicant is not necessarily required to provide a formal scaled location or site plan. The layer, CCBC_UA, Conservation_Area, TPO Groups, Areas, Woodlands, TPO Trees, cannot be added to the 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. Also, in some cases, accidental destruction of a protected tree is not an offence. 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. It may be possible to bring a separate action for each tree cut down or damaged. A Tree Preservation Order makes it illegal to cut down, prune, or otherwise damage a tree protected by a TPO without the council's consent and the unauthorised lopping or felling of a tree is a criminal offence which can result in an unlimited fine. 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. The officer should also record other information that may be essential or helpful in the future. They may also decide not to confirm the Order, which will stop its effect. within 12 months of the date of the Secretary of States decision (if an appeal has been made). They should demonstrate that the proposal is a proportionate solution to their concerns and meets the requirements of sound arboriculture. Before carrying out work they believe is exempt, they may wish to obtain advice from a qualified arboriculturist and/or confirmation from the authority of what is and what is not required. This will help the authority to ensure that approved work has not been exceeded and support enforcement. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. 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. The authority may wish to provide information to help them resubmit an appropriate notice. People should not submit a section 211 notice until they are in a position to present clear proposals. Paragraph: 044 Reference ID: 36-044-20140306. This can be done using the application form on our website and a member of the team will respond to you as quickly as they can. 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. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. Authorities can also consider other sources of risks to trees with significant amenity value. If you see work being carried out on a preserved tree or a tree in a conservation area please contact the Department for Place on 01702 215004 so that a check can be made as to whether permission has been granted. * map location should not be relied on for accuracy. An injunction is a court order prohibiting a person from taking a particular action. It should also explain to the person who gave notice that an application for consent under the Order may be made at any time. Paragraph: 126 Reference ID: 36-126-20140306. Paragraph: 020 Reference ID: 36-020-20140306. 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. This six-week period is to give us time to consider if the tree should be . However, when you contact us using the enquiry form on our site, we can discuss the possible options and ways which we could apply to your council to remove the trees. 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 purpose of the Tree Preservation Order is to protect trees that make a significant impact on their local surroundings. It is important that trees are inspected regularly and necessary maintenance carried out to make sure they remain safe and healthy. Whichever appeal procedure is used, the Inspector will consider: Paragraph: 103 Reference ID: 36-103-20140306. The map associated with each TPO is a historical document, it . This duty also applies if a tree outside woodland is removed because it is dead or presents an immediate risk of serious harm. If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament. It may be served electronically if the landowner has provided their electronic address to the authority (see section 329(1)(cc) of the Act). So, the authority should consider varying the Order where, for example, replacement trees are of a different species to that referred to in the Order. The TPOs are located in St Mellons (in Trowbridge ward) and Riverside. Paragraph: 143 Reference ID: 36-143-20140306. The authoritys consent for such work is not required. In either case it should promptly inform the person who gave the notice. The authority may decide to notify other people, groups, authorities and organisations (such as parish councils and the Forestry Commission). The local planning authority may also impose a condition requiring replacement planting when granting consent under an Order for the removal of trees. Paragraph: 119 Reference ID: 36-119-20140306. 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