Paragraph: 002 Reference ID: 36-002-20140306. Where a tree is not covered by the woodland classification and is cut down because there is an urgent necessity to remove an immediate risk of serious harm, the landowner has a duty to plant a replacement tree of an appropriate size and species. 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. When considering an application the authority is advised to: Authorities should bear in mind that they may be liable to pay compensation for loss or damage as a result of refusing consent or granting consent subject to conditions. Paragraph: 137 Reference ID: 36-137-20140306. type, in good preservation and finely patinated; the loose pin is slightly arched; turned-back terminals, moulded and grooved transversely.!(Illustrated.) Help for Tree Owners This section of our website is aimed directly at Tree Owners offering guidance and advice for such things as pruning, legal, maintenance, and selection amongst others. Paragraph: 071 Reference ID: 36-071-20140306. Paragraph: 091 Reference ID: 36-091-20140306. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. The authority decides whether or not the variation Order should be confirmed and cannot confirm it without first considering any duly made objections and representations. Paragraph: 021 Reference ID: 36-021-20140306. Tree Preservation Orders (TPO) and conservation areas All types or species of trees with amenity value can be protected by a tree preservation order TPO, including trees in hedges, but not. The group category should be used to protect groups of trees where the individual category would not be appropriate and the groups overall impact and quality merits protection. 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. Visit our e-mapping service and use this guidance to help you find the information . To view information . 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. 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. In addition, authorities may wish to set up a programme to review Orders that include the area classification. All trees, regardless of their protected status, are a material consideration in a planning application, and consequently the local planning authority will need to consider them. Hedges, bushes and shrubs will not be protected. It is useful to have detailed plans submitted as part of the Design Statement. The applicant is not necessarily required to provide a formal scaled location or site plan. Section 208 of the Town and Country Planning Act 1990, as amended, sets out provisions relating to appeals to the Secretary of State against tree replacement notices. Where appropriate, authorities should encourage single applications for regularly repeated operations and phased works or programmes of work on trees under good management. 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. Paragraph: 018 Reference ID: 36-018-20140306. Details on High Court challenges are in the Planning Inspectorates guidance on tree replacement appeals. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. Flowchart 1 shows the process for making and confirming a Tree Preservation Order. withdraw from public inspection the copy of the variation order which was made available when it was first made. It is preferable to undertake any approved felling or surgery prior to commencement of building operations once planning approval has been granted. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. Check the ancient tree inventory to see if a tree is already protected. Authorities must use the procedures set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 to vary or revoke any of their Orders. The retention of inappropriate trees imposes unnecessary restrictions on the site and should be avoided. There are 48 conservation areas in the Bournemouth, Christchurch and Poole area. One or more CSV exports would be ideal. 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. 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: 023 Reference ID: 36-023-20140306. This includes the below ground constraints posed by the Root Protection Area (RPA), and the above ground constraints posed by size, position,and future growth potential. The authority must keep a register of all applications for consent under an Order. A Tree Preservation Order (TPO) is a statutory protection afforded to trees under Sections 122 & 123 of the Planning Act (Northern Ireland) 2011 (the Planning Act). Proposals involving ancient trees and woods will often need to go beyond the current British Standard to avoid harm, particularly around root protection area. If you use assistive technology (such as a screen reader) and need a A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. 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. Legal-instrument. Various Tree Conditions may be applicable and may include the need to erect protective fencing and ground protection. If you have a query about a Tree Preservation Order, a tree in a park or public space, a tree on a pavement or verge, or just wish to discuss a tree in Dorset, complete our online enquiry form. The authority is advised to refer a section 211 notice containing insufficient or unclear information back to the person who submitted it. apply for permission Contact the planning applications team Please note, planning phone lines will only be open from 10am to 12pm Monday to Friday from Monday 16. Christchurch Borough Council Tree Preservation Orders Jan 2018; East Dorset District Council Section 106 Jan 2018; East Dorset District Council Land Terrier Jan 2018 . An authority may treat a planning application for development in a conservation area that includes specified tree work as a section 211 notice if the applicant has clearly stated that it should be considered as such. Check out our useful resources. These are similar to those for making and confirming a new Order. It is, however, important to gather enough information to be able to accurately map their boundaries. How are TPOs initiated? The maximum penalty for carrying out works to TPO trees without consent is 20,000. 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. within 12 months of the date of the Secretary of States decision (if an appeal has been made). The authority may decide to notify other people, groups, authorities and organisations (such as parish councils and the Forestry Commission). 3. Section 206(2) of the Town and Country Planning Act 1990 gives the authority power to dispense with the duty to plant a replacement tree where the landowner makes an application. This process applies to contraventions of Tree Preservation Orders. it is not necessary to carry out works on protected trees in order to implement a full planning permission. The authority must ensure that applications clearly specify the proposed works and their timing or frequency. While not specifically protected under the EU Directives, Ramsar sites have equal protection in UK law. Authorities are advised to only use this category as a temporary measure until they can fully assess and reclassify the trees in the area. explain that objections or representations about any of the trees, groups of trees or woodlands covered by the Order may be made to the authority in accordance with, specify a date (at least 28 days after the date of the notice) by which any, delivered to, or could reasonably expected to be delivered to, the authority not later than the date specified in the. Please. Bespoke building design to minimize potential loss of light. Explore services in East Hampshire using our online interactive map. Before felling trees you should contact your local area planning office to check whether trees are protected or not. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. Tree Preservation Orders and Conservation Areas. Tree Preservation Orders and TPO Interactive Map These exceptions include certain work: Paragraph: 060 Reference ID: 36-060-20140306. Check theForestry Commission website for exemptions. consider, in the light of this assessment, whether or not the proposal is justified, having regard to the reasons and additional information put forward in support of it; consider whether any requirements apply in regard to protected species; consider other material considerations, including development plan policies where relevant; and. The AWI is a map of all the areas of ancient woodland currently designated by the statutory nature conservation bodies. My house: list services and information near you My maps: show services and information as pins on an interactive map. Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. If the danger is not immediate the tree does not come within the meaning of the exception. You can find out if a tree has a TPO or is protected by growing in a Conservation area by using the Councils "In My Area Map" To view Tree Preservation Orders, please ensure you select BOTH "Tree Preservation Orders Areas" (Groups, Woodlands and Area designations) and "Tree Preservation Orders" (Individual Trees). For example, an authority might have to take into account an unfulfilled condition or notice requiring a replacement tree, or an ongoing appeal. The burden of proof to show, on the balance of probabilities, that work fell within the terms of a statutory exemption is placed on the defendant. We prune and maintain street trees across the borough. If it does not make such a condition it cannot serve a tree replacement notice requiring replacement. Paragraph: 136 Reference ID: 36-136-20140306, Section 210(1) and section 202C(2) of the Town and Country Planning Act 1990 provide that anyone who, in contravention of a Tree Preservation Order. Paragraph: 124 Reference ID: 36-124-20140306. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. 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. These may cover individual trees or groups of trees which are then protected from unauthorised. Tree Preservation Orders Authorities should consider how best to be in a position to respond to enquiries about whether particular trees in their area are protected. It may be helpful to seek expert arboricultural and ecological advice. Paragraph: 068 Reference ID: 36-068-20140306. An Order prohibits the: of trees without the local planning authoritys written consent. on land in which the county council holds an interest. Once the initial design has been received the Council's Tree Officer will examine the tree information, building design and footprints, to ensure they comply with good practice and the relevant British Standards . Tree Preservation Orders - East Lindsey District Council Paragraph: 096 Reference ID: 36-096-20140306. A tree owner may use an unused and unexpired consent obtained by a former owner. 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. 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. Prior discussion with the applicant should help the authority to set a mutually acceptable condition that makes clear the number, size, species and location of the replacement trees and the period within which they are to be planted. 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. Paragraph: 089 Reference ID: 36-089-20140306. 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. Poorly sited buildings often lead to the damage or premature removal of such trees. 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. 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. Section 206(3) of the Town and Country Planning Act 1990 restricts the landowners duty to replace trees subject to the woodland classification to those removed, uprooted or destroyed in contravention of the Order. ensure that appropriate expertise informs its decision. You have rejected additional cookies. 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. We can act as an agent for clients in dealing with applications for work to trees covered by Tree Preservation Orders (T.P.O.) To carry out any works on a tree subject to a TPO, an application must be made to us. Flowchart 6 shows the decision-making process regarding offences. 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. Next, in Category: select NATURAL. 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. The duty transfers to the new owner if the land changes hands. The authority is responsible for enforcing all conditions in a consent, so its decision notice should clearly state the reasons for its conditions. Well send you a link to a feedback form. You can change your cookie settings at any time. The various grounds on which an appeal may be made are set out in Regulation 19. 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. The exceptions allow removal of dead branches from a living tree without prior notice or consent. Tree Felling or Damage in the Conservation Area. Aerial Photography. Authorities may also refer to existing registers, recording trees of particular merit, to assist in their selection of trees suitable for inclusion in an Order. Aurora - maps.christchurchandeastdorset.gov.uk So authorities are advised to keep their Orders under review. Otherwise the authority should acknowledge receipt of the notice in writing. The Woodland Trust is a charity registered in England and Wales (No. For example, planning applications for a single conservatory may not require the level of detail that needs to accompany a planning application for the development of a site with one or more dwellings. However, the authoritys consent is not needed before pruning any tree cultivated for the production of fruit, as long as the work is carried out in accordance with good horticultural practice. The Ancient Tree Inventory holds records for more than 180,000 trees. Paragraph: 127 Reference ID: 36-127-20140306. 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. Trees in conservation areas - Dorset Council 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. Foraging: what to look out for each month, Woodland Walks podcast with Adam Shaw and Tristan Gooley, How to increase biodiversity in your garden, How to tell male and female ospreys apart, Collect Nectar points with Woodland Trust membership, Areas of Outstanding Natural Beauty (AONB), protected under the Countryside and Rights of Way Act 2000. 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. Appropriate engineering solutions may include: Roadways: Geotextile membrane on existing ground level, building up with stone and permeable surfacing. 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. For the purposes of the Act, a person does not have to obliterate a tree in order to destroy it. An accurately measured topographical survey to scale showing all trees present on a scaled plan. Where consent is granted to fell a protected tree, a condition to plant a replacement will normally apply. Paragraph: 162 Reference ID: 36-162-20140306. The Statutory Regulations relating to protected trees states that a Tree Preservation Order: Shall specify the trees, groups of trees or woodlands to which it relates. Paragraph: 152 Reference ID: 36-152-20140306. 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. Although some trees or woodlands may merit protection on amenity grounds it may not be expedient to make them the subject of an Order. The officer should record the number and species (or at least the genus) of the individual trees or groups of trees to be included in the Order and their location. Legislation limits the authoritys liability by setting out circumstances in which a claim cannot be made and circumstances in which compensation is not payable. The same duty applies if a tree in a conservation area is removed because it is dead or presents an immediate risk of serious harm. A tree is protected within a Conservation Area when it has grown to measure 75 millimetres in diameter at a height of 1.5 metres from ground level. Maidstone has more than 1000 TPOs. Section 209 of the Town and Country Planning Act 1990 gives authorities powers to take action where a replacement tree has not been planted within the compliance period or within such extended period as the authority may allow. Permission will normally be granted to remove a hazard from your tree, if it affects the highway. Paragraph: 047 Reference ID: 36-047-20140306. A - Area. The local planning authority has powers only to enforce the duty to plant one tree to replace one other. Trees may be protected by tree preservation orders (TPOs) or other legal procedures to make sure that they are not lost or damaged needlessly. But such an applicant is advised to first consult the trees owner and also notify them promptly after submitting their application. They are alsothe responsibility of the council, private trees. In addition, the authority must make available a copy of the Order at its offices. If no map or list is available, or if there is any doubt, speak to your local authoritys tree officer or equivalent. Paragraph: 155 Reference ID: 36-155-20140306. Paragraph: 147 Reference ID: 36-147-20140306. Paragraph: 010 Reference ID: 36-010-20140306. 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. give its reasons for each condition imposed; how to carry out work in accordance with good practice, where to get independent specialist advice, the information available when the local planning authority made its original decision on the application for consent, the authoritys decision and supporting information in that decision. The authority can deal with a section 211 notice in one of three ways. Paragraph: 078 Reference ID: 36-078-20140306. We also use cookies set by other sites to help us deliver content from their services. The process may not be necessary for all planning applications. The legislation provides no right of appeal to the Secretary of State against an authority either making or confirming an Order. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. Any combination of these categories may be used in a single Order. Tree preservation orders | Kirklees Council Tree and Environment Team for East Dorset Email: treeteameast@dorsetcouncil.gov.uk Tel: 01202 228820 Full contact details Highway trees Highway trees are located on or adjacent to public. 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. This prompts them to reduce the impact of development on any ancient or veteran trees. ConservationAreas. Apply to work on a tree that's protected You may need to make a 'works to trees' application if they're protected by a 'tree preservation order' (TPO) or you live in a conservation area.. 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. A plan is not mandatory but can be helpful. Paragraph: 140 Reference ID: 36-140-20140306. The Planning Inspectorate publishes the appeal form and detailed guidance on the appeal process. Paragraph: 085 Reference ID: 36-085-20140306. 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. This is because the purpose of the Order is to safeguard the woodland as a whole, which depends on regeneration or new planting.
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