Orders should be made in respect of trees where it appears necessary in connection with the grant of permission. Subject to specific provisions relating to forestry operations in protected woodland, any claimant who can establish that they have suffered loss or damage as a result of an authority either refusing consent or imposing conditions in respect of protected trees is entitled to claim compensation. This duty also applies if a tree outside woodland is removed because it is dead or presents an immediate risk of serious harm. Paragraph: 040 Reference ID: 36-040-20140306. Any request for the authority to use this power should be made in writing. The Order’s effect will stop on the date of its decision, which must be recorded on the Order. costs incurred in making an appeal to the Secretary of State against the refusal of any consent or the grant of consent subject to conditions. Tree Preservation Order (TPO) A Tree Preservation Order (TPO) is an order made by us, giving legal protection to trees or woodland. Paragraph: 062 Reference ID: 36-062-20140306. This will also apply to trees within a conservation area. The law protects certain trees and groups of trees. development under a planning permission has not been commenced within the relevant time limit (ie the permission has ‘expired’); only outline planning permission has been granted; and. ... All other breaches are subject to a fine of up to £2,500. Only one copy of each application document needs to be submitted. 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. Where appropriate, authorities should encourage single applications for regularly repeated operations and phased works or programmes of work on trees under good management. identify the trees and clearly set out the proposed work and the authority’s reasons for the application; include an address where a copy of the application can be inspected; include an address to which any comments about the application should be sent; and. The Planning Inspectorate publishes the appeal form and detailed guidance on the appeal process. In fact, most don’t! 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. Paragraph: 098 Reference ID: 36-098-20140306. Paragraph: 152 Reference ID: 36-152-20140306. It is essential that an application sets out clearly what work is proposed. Carrying out unauthorised work to a protected tree is an offence and can result in a fine of up to £20,000 or for a more serious offence, an unlimited fine. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. 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. 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. This may include: Paragraph: 022 Reference ID: 36-022-20140306. The Planning Inspectorate deals with most appeals through a written representations appeal procedure. Local planning authorities may make Orders in relation to land that they own. Paragraph: 101 Reference ID: 36-101-20140306. In addition, a confirmed Order should be recorded promptly in the local land charges register as a charge on the land on which the trees are standing. One consideration would be to look at what is likely to happen, such as injury to a passing pedestrian. So authorities are advised to keep their Orders under review. This must be at least 21 days from the site notice’s date of display. ... To find out whether a tree is protected by a Tree Preservation Order or is in a Conservation area, please use our online mapping system. Trees in churchyards may be protected by an Order. Paragraph: 036 Reference ID: 36-036-20140306. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. Paragraph: 080 Reference ID: 36-080-20140306. Paragraph: 157 Reference ID: 36-157-20140306. It must clearly indicate modifications on the Order, for example by using distinctive type. 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. The authority may wish to provide information to help them resubmit an appropriate notice. When faced with what they believe are unauthorised works to protected trees, local authorities may: Paragraph: 141 Reference ID: 36-141-20140306. Trees protected by a Tree Preservation Order. In addition, the authority must make available a copy of the Order at its offices. A right to light is a type of easement; this essentially means that it is a right enjoyed over land belonging to ... A couple of months ago, in the case of Pezaro and another v Bourne and another  EWHC 1964 (Ch), the High Court held that rights of way... You can trust our specialists at Farleys Solicitors to give you outstanding, straight talking legal services at any of our six offices across the North West - Get in touch with us today! The woodland category’s purpose is to safeguard a woodland as a whole. The principal purpose of a Tree Preservation Orders (TPO) is to preserve trees which are normally located on privately owned land. Flowchart 3 shows the process for applications to carry out work to protected trees. The standard form of Order includes a draft endorsement for variation. 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. Before deciding whether to confirm an Order, the local authority must take into account all ‘duly made’ objections and representations that have not been withdrawn. Paragraph: 051 Reference ID: 36-051-20140306. ‘Amenity’ is not defined in law, so authorities need to exercise judgment when deciding whether it is within their powers to make an Order. Paragraph: 156 Reference ID: 36-156-20140306. 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. 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. For example, an authority may wish to replace an Order containing an area classification with new Orders protecting individual trees or groups of trees. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. 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. However the authority’s liability is limited. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard. Paragraph: 088 Reference ID: 36-088-20140306. Even where they do exist, they rely heavily on local government to administer them. For other offences you could be fined up to £2,500. The form is available from the Planning Portal or the authority. The UK Forestry Standard and its supporting guidelines define the government’s standards and requirements. Paragraph: 045 Reference ID: 36-045-20140306. So the authority cannot: Paragraph: 118 Reference ID: 36-118-20140306. At the start of my research, I thought that most states and territories had blanket laws aimed at protecting trees on private land. Such notices may apply to breaches of conditions in planning permissions. Paragraph: 144 Reference ID: 36-144-20140306. You can check to see if a property or area of land has a Tree Preservation Order on it, or if it is located within a Conservation Area, by looking at the council website or by contacting the local council (usually the planning department). 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. ... to a fine of up to £20,000 or on conviction in the Crown Court to an unlimited fine. No claim can be made for loss or damage incurred before an application for consent to undertake work on a protected tree was made. For significant changes that alter the nature of a proposal, for example where consent is sought for felling instead of pruning, the applicant should withdraw the original application and submit a new one. Paragraph: 053 Reference ID: 36-053-20140306. Paragraph: 092 Reference ID: 36-092-20140306. 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. We use this information to make the website work as well as possible and improve government services. It is an offence to carry out work to trees that are covered by a Tree Preservation Orders (TPO) or to trees which are within a conservation area, without telling us.. Our Trees and development - our preferred approach page has useful information for anyone considering a new development near to trees. In these circumstances the authority is advised to vary the Order to bring it formally up to date. Applicants must provide reasons for proposed work. Where there is evidence that protected species such as bats may be present and might be affected by the proposed work the applicant, their agent and the authority should have regard to the relevant legislation and guidance. Paragraph: 123 Reference ID: 36-123-20140306. A programme including tree felling should be more specific and should, where appropriate, cater for replacement tree planting. Paragraph: 007 Reference ID: 36-007-20140306. There are strict deadlines within which costs applications must be made. 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’. The authority must be clear about what work it will allow and any associated conditions. 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. Paragraph: 013 Reference ID: 36-013-20140306. Paragraph: 072 Reference ID: 36-072-20140306. contribution to, and relationship with, the landscape; and. Paragraph: 113 Reference ID: 36-113-20140306. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. 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 judge fined Beale £2,700, ordered him to pay costs of £15,500 and for £40,579 to be confiscated to reflect the property’s increase in value. If an authority refuses consent for felling in protected woodland in the course of forestry operations: Advice may be sought from the Forestry Commission about the relevant provisions of the Forestry Act 1967. 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. The authority should consider keeping anyone who has notified the authority of a contravention informed of the outcome of the investigation. For example, there may be engineering solutions for structural damage to buildings. The woodland category should not hinder beneficial woodland management. Anyone in contravention of a Tree Preservation Order and found guilty of an offence is liable, if convicted in a magistrates court, to a fine of up to £20,000. Paragraph: 067 Reference ID: 36-067-20140306. In addition, where a neighbour submits an application, the authority should make sure the owner or occupier of the land on which the tree stands is informed and given a chance to comment. 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. What they share in common is that as Acts of Parliament (and Regulations) they are promulgated by state and territory parliaments. Paragraph: 068 Reference ID: 36-068-20140306. TPOs make the felling, … In addition, authorities are encouraged to resurvey existing Orders which include the area category. 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. 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. You will Paragraph: 056 Reference ID: 36-056-20140306. Anyone who breaches an Order by damaging or carrying out work on a tree protected by an Order without getting permission from the local planning authority or not carrying out work in accordance with the conditions of a consent granted by the local planning authority is guilty of an offence and may be fined. In Scotland TPOs can also be used to protect trees of historic or cultural significance. Flowchart 1 shows the process for making and confirming a Tree Preservation Order. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. The trees, or at least part of them, should normally be visible from a public place, such as a road or footpath, or accessible by the public. The authority is advised to also assess the particular importance of an individual tree, of groups of trees or of woodlands by reference to its or their characteristics including: Where relevant to an assessment of the amenity value of trees or woodlands, authorities may consider taking into account other factors, such as importance to nature conservation or response to climate change. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. If an authority wants to vary an Order to add new trees, it must follow procedures additional to those for varying an Order without adding trees. If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament. If consent is given, it can be subject to conditions which have to be followed, much the same as planning permissions. However, if the authority believes that some loss or damage is foreseeable, it should not grant consent automatically. The authority may wish to consult the Forestry Commission on the details of such a condition. These provisions require people to notify the local planning authority, using a ‘section 211 notice’, 6 weeks before carrying out certain work on such trees, unless an exception applies. 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. 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. Paragraph: 057 Reference ID: 36-057-20140306. An authority’s tree strategy may identify localities or populations of trees as priorities for the making or reviewing of Orders. It must also notify people interested in the land affected by the variation Order. Authorities should aim to determine validity within 3 working days from the date of receipt. there is no need for Orders made before 6 April 2012 to be remade, amended or reissued. Paragraph: 021 Reference ID: 36-021-20140306. Before authorities make or confirm an Order they should be able to show that protection would bring a reasonable degree of public benefit in the present or future. The duty attaches to subsequent owners of the land. This will help to maintain and enhance the amenity provided by protected trees. the defendant has carried out, caused or permitted this work. 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. It must publicise such an application by displaying a notice on or near the site for at least 21 days. In addition, the authority should: Paragraph: 099 Reference ID: 36-099-20140306 However, the authority may decide to set a different time limit with a condition in the consent. A TPO prevents cutting down, uprooting, topping, lopping, wilful damage or destruction of trees (including cutting roots) without our permission. Orders should be used to protect selected trees and woodlands if their removal would have a significant negative impact on the local environment and its enjoyment by the public. These procedures may require close liaison between tree officers, enforcement officers and legal advisers. An injunction is a court order prohibiting a person from taking a particular action. People should not submit a section 211 notice until they are in a position to present clear proposals. The authority can enforce tree replacement by serving a ‘tree replacement notice’. The applicant has the right to appeal to the Secretary of State if an authority fails to determine an application within an 8-week period. Paragraph: 082 Reference ID: 36-082-20140306. Mr Petrou was ordered to pay $19,000 by Waverley Local Court for breaching a Deliberate destruction of a tree, or damage likely to destroy it, could result in a fine of up to £20K if convicted in a magistrate's court. any further information requested by the Inspector. 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. The local authority must, as soon as practicable after making an Order and before it is confirmed, serve ‘persons interested in the land affected by the Order’: The authority must also be able to prove that it has done this in one of a number of different ways. 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 authority should make a copy of the Order as confirmed available for public inspection at its offices, replacing the copy of the made Order. the possibility of a wider deterrent effect. Paragraph: 095 Reference ID: 36-095-20140306. The maximum fine in a Magistrate’s Court is £20,000 for each offence and in a Crown Court the fine … Paragraph: 078 Reference ID: 36-078-20140306. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. Authorities are advised to only use this category as a temporary measure until they can fully assess and reclassify the trees in the area. Paragraph: 133 Reference ID: 36-133-20140306. 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. 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. If an Order is made, in addition to fulfilling the usual statutory requirements, the authority should also provide a copy of the new Order to any agent who submitted the section 211 notice. A section 211 notice does not need to be publicised. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. County councils can make Tree Preservation Orders but there are restrictions in areas where there is both a district planning authority and a county planning authority. Local planning authorities have powers to vary (change) or revoke (cancel) their Orders. This site notice must: Before reaching its decision the authority must take into account any representations made by the date given in the site notice; and it must give notice of its decision to all people who made representations. A notice must include the date it is submitted. Authorities should liaise with the Forestry Commission if they believe there has been a contravention of the felling licence provisions of the Forestry Act 1967. It is expected that all vegetation control is carried out in accordance with best arboricultural practice. an existing forestry dedication covenant; a grant scheme or loan administered by the Forestry Commission; and/or. Authorities are encouraged to make these registers available online. The following guidance is aimed at tree owners who have recently had a Tree Preservation Order put on one or more of their trees, existing owners of protected trees, and anyone else with an interest in tree protection.. The power to make a TPO is contained in the Town and Country Planning Act 1990 and the Town and Country (Tree Preservation)(England) Regulations 2012. Paragraph: 121 Reference ID: 36-121-20140306. Paragraph: 028 Reference ID: 36-028-20140306. 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. Where an exception applies the authority’s consent to carry out works is not needed, but notice of those works may need to be given to the authority. Paragraph: 090 Reference ID: 36-090-20140306. The notifier can object to the Tree Preservation Order and/or make an application for the work under the Tree Preservation Order procedure. 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. 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. Applications for tree works can be found on the planning applications register. Tree Preservation Orders (TPOs) may be made in order to protect selected trees or woodland if their removal is likely to have a significant impact on the local environment and its enjoyment by the public. In considering an application, the local planning authority should assess the impact of the proposal on the amenity of the area and whether the proposal is justified, having regard to the reasons and additional information put forward in support of it. These factors alone would not warrant making an Order. Applying for or Amending a Premises Licence – What does it cost? Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. The courts have held that this means the nuisance must be actionable in law – where it is causing, or there is an immediate risk of it causing, actual damage. The authority should give its decision in writing, setting out its reasons. Also, in some cases, accidental destruction of a protected tree is not an offence. For more information on Tree Preservation Orders: D.E.T.R., 2000. These exemptions do not apply in circumstances where a tree has more than one stem at a point 1.5 metres above the natural ground level if any stem when measured over its bark at that point exceeds the relevant minimum. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard… Whether or not they make an Order, authorities can consider encouraging landowners to bring their woodlands into proper management under the grant schemes run by the Forestry Commission. Paragraph: 008 Reference ID: 36-008-20140306. Paragraph: 029 Reference ID: 36-029-20140306. Section 210 of the Town and Country Planning Act 1990 provides a clear structure for pursuing criminal enforcement action for unauthorised work. The Town and Country Planning (Tree Preservation)(England) Regulations 2012 introduced a single set of procedures for all trees covered by tree preservation orders. Identification Of Tree(s) And Description Of Work . 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. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. The 50ft tree in Dorset was subject to a Tree Preservation Order (Image: PooleCouncil/BNPS) Our free email newsletter sends you the biggest headlines from … Authorities are advised to consult Historic England before making Orders on trees within or close to a scheduled monument. A copy of the Order will also be made available for public inspection. The various grounds on which an appeal may be made are set out in Regulation 19. A person guilty of an offence shall be liable on summary conviction to a fine not exceeding £20,000 and on conviction of indictment to a fine. 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. 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. 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. Local planning authorities should consider publishing tree protection enforcement policies and having clear written procedures to deal with cases. Regulations 19-23 set out the appeal procedures. Tree Preservation Order. They are liable, if convicted in the Magistrates’ Court, to a Level 3 fine (currently up to £1,000). The authority can enforce tree replacement duties by serving a tree replacement notice. Paragraph: 153 Reference ID: 36-153-20140306. People must be given the opportunity to object to, or comment on, a new Tree Preservation Order. An Order prohibits the: of trees without the local planning authority’s written consent. Section 210(3) provides that, in determining the amount of fine, the court shall take into account any financial benefit which has resulted, or is likely to result, from the offence. Homeowner fined £1000 for 'severely pruning' a protected 100-year-old tree in his own front garden because it was blocking his view. Applicants, agents and authorities must have regard to statutory obligations concerning protected species. The validity of the Secretary of State’s appeal decision can only be challenged through an application to the High Court. You can change your cookie settings at any time. 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. Mr Beale’s defence barrister did not make any mitigating remarks other than to point out that Mr Beale had pleaded guilty soon after seeking legal advice. Where an authority decides not to confirm a variation order that adds trees it must: Paragraph: 055 Reference ID: 36-055-20140306. This duty applies when an authority discharges its enforcement powers, including rights of entry, gathering samples from trees or of soil and taking statements. The applicant is not necessarily required to provide a formal scaled location or site plan. Paragraph: 018 Reference ID: 36-018-20140306. But the place should at least correspond with the original position described in the Order and shown on the map. Nevertheless, the authority should ensure that a valid Order exists, that the tree in question was clearly protected by it and that it has carried out its statutory functions properly and complied with all procedural requirements. A TPO is a written order which, in general, makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order, or to cause or permit such actions, without the Local Authority’s permission. 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’. 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