In general, it is no defence for the defendant to claim ignorance of the existence of an Order. 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. 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. Paragraph: 096 Reference ID: 36-096-20140306. A Tree Preservation Order (TPO) is put in place to preserve single or groups of trees which are acknowledged amenity value. The Town and Country Planning (Tree Preservation)(England) Regulations 2012 introduced a single set of procedures for all trees covered by tree preservation orders. The authority should consider whether there is a realistic prospect of a conviction and whether it is in the public interest to prosecute. Paragraph: 134 Reference ID: 36-134-20140306. the impact on amenity of the removal of trees, and whether it would be in the interests of amenity (and, in woodlands, in accordance with the practice of good forestry) to require their replacement; whether it would be reasonable to serve a tree replacement notice in the circumstances of the case; and. * map location should not be relied on for accuracy. Paragraph: 104 Reference ID: 36-104-20140306. Please enable scripts and reload this page. When faced with what they believe are unauthorised works to protected trees, local authorities may: Paragraph: 141 Reference ID: 36-141-20140306. Further guidance can be found at paragraph 148. The appellant or the authority may appeal to the High Court against the Secretary of States decision on an appeal against a tree replacement notice (see section 289(2) of the Town and Country Planning Act 1990) on a point of law. Flowchart 6 shows the decision-making process regarding offences. Tree Preservation Order (TPO) Map. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. Paragraph: 061 Reference ID: 36-061-20140306. To enter Crown land the authority must first get consent from the relevant Crown body, which may impose conditions. Tree Preservation Orders (TPO) You must get permission for carrying out any work on a tree which is covered by a TPO. Paragraph: 086 Reference ID: 36-086-20140306. It should state: Paragraph: 159 Reference ID: 36-159-20140306. 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. A Tree Preservation Order (TPO) is an order made by a Local Planning Authority, such as Dudley Council, which in general makes it an offence to cut down, lop, top, uproot, wilfully damage or wilfully destroy a tree without first getting permission from the Local Planning Authority. * map location should not be relied on for accuracy. 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 an offence to carry out any work on those trees without permission from the Council. Nor is a section 211 notice required for: Paragraph: 132 Reference ID: 36-132-20140306. Orders should be made in respect of trees where it appears necessary in connection with the grant of permission. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. For example, changes in property ownership and intentions to fell trees are not always known in advance, so it may sometimes be appropriate to proactively make Orders as a precaution. The same penalties as those for contravening an Order apply. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 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 authority should consider varying the Order or making a new one to protect any replacement trees planted in a location not identified in the original Order. Paragraph: 131 Reference ID: 36-131-20140306. Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. Paragraph: 041 Reference ID: 36-041-20140306. Paragraph: 054 Reference ID: 36-054-20140306. The authoritys consent is not required in certain circumstances for work carried out by, or at the request of, those statutory undertakers listed in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. The duty attaches to subsequent owners of the land. Arboricultural advice from competent contractors and consultants, or the authority, will help to inform tree owners of their responsibilities and options. Find out more about Mid Sussex District Council news by visiting our Newsroom. We use TPOs to protect trees that have a significant visual impact on the environment, including individual trees, groups of trees, and those in defined . 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. People should not submit a section 211 notice until they are in a position to present clear proposals. The validity of the Secretary of States appeal decision can only be challenged through an application to the High Court. Section 210(4A) and (4B) of the Town and Country Planning Act 1990 set out that, in respect of offences under section 210(4) of the Act, authorities may bring an action within 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutors knowledge. under tree preservation orders which were made after 2 August 1999. 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. Appeals against an authoritys decision to refuse consent can be made to the Secretary of State. In certain circumstances, third parties may be able to apply for costs. 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. on or near the land on which the trees stood, or on such other land as may be agreed between the local planning authority and the landowner, and, in such places as may be designated by the authority. version of this document in a more accessible format, please email, Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Department for Levelling Up, Housing and Communities, Ministry of Housing, Communities & Local Government, Informing people that a Tree Preservation Order has been made, Commenting on newly made Tree Preservation Orders, Varying and revoking Tree Preservation Orders, Making applications to carry out work on trees protected by a Tree Preservation Order, Taking decisions on applications for consent under a Tree Preservation Order, Appealing against local authority decisions on applications, previous version of the framework published in 2012, Part VIII of the Town and Country Planning Act 1990, Town and Country Planning (Tree Preservation) (England) Regulations 2012, Part 6 of the Localism Act 2011 amended section 210 of the Town and Country Planning Act 1990, Town and Country Planning (Tree Preservation)(England) Regulations 2012, expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area, guidance on tree size in conservation areas, Schedule to the Town and Country Planning (Tree Preservation) (England) Regulations 2012, grounds on which an application to the High Court may be made, The guidance notes for the standard application form, duty to plant a replacement tree of an appropriate size and species, Town and Country Planning (General Permitted Development) Order 2015, section 206 of the Town and Country Planning Act 1990, relevant provisions of the Forestry Act 1967, section 211 of the Town and Country Planning Act 1990, repeated operations, phased works or programmes of work, an exception to the requirement to apply for consent under a Tree Preservation Order, section 202C(2) of the Town and Country Planning Act 1990, Section 210(2) of the Town and Country Planning Act 1990, a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order, Section 210(4A) and (4B) of the Town and Country Planning Act 1990, section 1(1) of the Criminal Attempts Act 1981, section 44 of the Magistrates Courts Act 1980, section 331 of the Town and Country Planning Act 1990, 214D of the Town and Country Planning Act 1990, section 214D(3) of the Town and Country Planning Act 1990, section 66 of the Police and Criminal Evidence Act 1984, Section 214A of the Town and Country Planning Act 1990, Section 171E of the Town and Country Planning Act 1990, a condition requiring replacement planting, a replacement tree planted under a condition, Section 206(2) of the Town and Country Planning Act 1990, Section 206(3) of the Town and Country Planning Act 1990, Section 207 of the Town and Country Planning Act 1990, section 207(2) of the Town and Country Planning Act 1990, Section 209 of the Town and Country Planning Act 1990, section 209(6) of the Town and Country Planning Act 1990, Section 209(2) of the Town and Country Planning Act 1990, Regulation 14 of the Town and Country Planning General Regulations 1992, Section 208 of the Town and Country Planning Act 1990, detailed guidance on making an appeal and the associated form, section 289(2) of the Town and Country Planning Act 1990, Flowchart 1: Making and confirming a Tree Preservation Order, Flowchart 2: Varying or revoking a Tree Preservation Order, Flowchart 3: Applications to carry out work on trees protected by a Tree Preservation Order, Flowchart 5: Notices for work to trees in a conservation area, Use the Forestry Commission map browser and Land Information Search, Orders made before 6 April 2012 continue to protect the trees or woodlands they cover, the legal provisions listed in Orders made before 6 April 2012 have been automatically cancelled and replaced by the provisions in the new regulations. The authority must keep available for public inspection a register of all section 211 notices. contribution to the character or appearance of a conservation area. People must be given the opportunity to object to, or comment on, a new Tree Preservation Order. 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. Objections to a new Tree Preservation Order can be made on any grounds. If you fill in the enquiry form with all of your details and this service which you require, this would be great and our professionals will get back to you quickly. 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. If youd like an email alert when changes are made to planning guidance please subscribe. Once a TPO is served, the tree does not become the responsibility of the Council. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. Another example is government authorities requiring the destruction of particular trees to tackle a serious plant disease. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. 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. Applying to do Works on Protected Trees. The authoritys main consideration should be the amenity value of the tree. Tree owners, their agents and contractors, statutory undertakers and other bodies should take care not to exceed an exception. Paragraph: 059 Reference ID: 36-059-20140306. To avoid the need for repeated notices over a relatively short period of time, one notice may, where appropriate, be submitted for repeated operations, phased works or programmes of work. endorse the variation Order, recording its decision not to confirm the variation order, including the date of the decision; notify the people who were affected by the variation order of its decision; and. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. The map associated with each TPO is a historical document, it . The authority is liable to pay compensation for any loss or damage caused or incurred as a result of complying with a condition where: Paragraph: 111 Reference ID: 36-111-20140306. . A section 211 notice does not have to be in any particular form. This map is provided for indicative purposes only and should not be used for identification of land ownership. One example is work urgently necessary to remove an immediate risk of serious harm. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. 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. So the authority cannot: Paragraph: 118 Reference ID: 36-118-20140306. Paragraph: 067 Reference ID: 36-067-20140306. 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. (179kb PDF), application for tree works subject to a TPO (179kb PDF), TheSupplementary Planning Guidance (SPG) Trees and Development (10.6mb PDF). Be in any particular form for public inspection a register of all section notice. Are not subject to an Order, their agents and contractors, statutory undertakers other... 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