The duty on the owner of the land is to plant a replacement tree as soon as they reasonably can. A section 211 notice is not, and should not be treated as, an application for consent under an Order. Paragraph: 165 Reference ID: 36-165-20140306. The authority may decide to notify other people, groups, authorities and organisations (such as parish councils and the Forestry Commission). Trees can be protected either by a TPO or by being in a conservation area. ensure that appropriate expertise informs its decision. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. Paragraph: 097 Reference ID: 36-097-20140306. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. The duty attaches to subsequent owners of the land. The Order must also include, or have annexed to it, a map giving a clear indication of the position of the protected trees, groups of trees or woodlands. The local planning authority can only serve a tree replacement notice within 4 years from the date of the landowners failure to replant as soon as he or she reasonably could (see section 207(2) of the Town and Country Planning Act 1990). Paragraph: 064 Reference ID: 36-064-20140306. Authorities can confirm Orders, either without modification or with modification, to provide long-term tree protection. When a TPO is in place, it is normally. 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. Orders should be made in respect of trees where it appears necessary in connection with the grant of permission. An Order comes into effect on the day the authority makes it. You'll need to assess yourself before deciding if works need to be carried out. People are not required to submit a section 211 notice to the local planning authority for: In either case, the diameter of the tree is to be measured over the bark of the tree at 1.5 metres above ground level. where the trees are to be planted (including a plan showing their position); the period at the end of which the notice is to take effect (the period specified must be a period of not less than 28 days beginning with the date of service of the notice); a date by when the tree replacement notice should be complied with (the authority should consider what the landowner can reasonably do); that the landowner can appeal against the notice (further guidance can be found at, reference to the relevant Order or conservation area, further information about the landowners right of appeal against the notice, an explanation of what will happen if the landowner fails to comply with the notice, contact details of an authority officer who can deal with queries, expenses incurred for the purposes of complying with a tree replacement notice; or, sums paid to the authority for planting replacement trees themselves. Generally, the decision is to be taken by a committee or officer of the authority other than the one with responsibilities for management of the land in question. Planning permission Planning guidance for the public Protected trees: guidance on tree preservation orders Guidance Protected trees: guidance on tree preservation orders Explains the law on protected trees including getting permission to work on a protected tree. They protect individual trees, groups of trees or woods that are of particular value to local communities. the authority has granted consent for felling in the course of forestry operations all or part of a woodland area to which an order applies; the Forestry Commission decides not to make any grant or loan under, decide not to make an Order and inform the person who gave notice that the work can go ahead; or. 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. 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. Paragraph: 005 Reference ID: 36-005-20140306. Paragraph: 057 Reference ID: 36-057-20140306. Paragraph: 152 Reference ID: 36-152-20140306. Paragraph: 026 Reference ID: 36-026-20140306. Tree Preservation Orders(TPO) apply to specific trees and woodlands in Cardiff to help protect them. 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. 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. A TPO on trees or tree protection order is a written document order normally created by the local council to protect the trees in a certain environment. 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. 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. If a tree in a conservation area is removed, uprooted or destroyed in contravention of section 211 of the Town and Country Planning Act 1990, the landowner has a duty to plant another tree of an appropriate size and species at the same place as soon as he or she reasonably can. 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. Conditions or information attached to the permission may clarify what work is exempt. 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. do nothing but only if justified by the particular circumstances; consider the option of issuing an informal warning to impress on the tree owner or others suspected of unauthorised works that such work may lead to prosecution; the tree was protected by an Order at the relevant time, or was in a conservation area; an action which is an offence under section 210 of the Town and Country Planning Act 1990 has been carried out; and. The duty is to plant the same number of trees: Where the duty arises under section 206, those trees planted within the woodland specified in the Order will be automatically protected by the original Order. 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. Authorities are encouraged to make these registers available online. When deciding whether an Order is appropriate, authorities are advised to take into consideration what amenity means in practice, what to take into account when assessing amenity value, what expedient means in practice, what trees can be protected and how they can be identified. If youd like an email alert when changes are made to planning guidance please subscribe. The authoritys consent is not required for carrying out work on trees and woodlands subject to an Order if that work is in compliance with any obligation imposed by or under an Act of Parliament. Appeals must be made to the Planning Inspectorate, which handles appeals on behalf of the Secretary of State, before the notice takes effect. be accompanied, as applicable, by appropriate evidence describing any structural damage to property or in relation to tree health or safety. Paragraph: 098 Reference ID: 36-098-20140306. If a local planning authority makes an Order, it will serve notice on people with an interest in the land, inviting representations about any of the trees covered by the Order. 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 . An Inspector makes a decision in light of the grounds of appeal and: Alternatively, the appeal may be heard by an Inspector at a hearing or public local inquiry. Paragraph: 077 Reference ID: 36-077-20140306. 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. TPO's are usually made to preserve trees with landscape and amenity value under the following. For works to trees that are subject to statutory protection through a Tree Preservation Order (TPO) or those in a Conservation Area the permission of the local planning authority will be. It is important that applications suggesting that the proposed tree work is necessary to address tree-related subsidence damage are properly supported by appropriate information. Paragraph: 101 Reference ID: 36-101-20140306. 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. 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. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. By default, consent is valid for 2 years beginning with the date of its grant. View a map of existing Tree Preservation Orders and Conservation Areas. Part of: Planning guidance for the public First published: 15 November 2013 This need not be limited to that brought about by disease or damage to the tree. Paragraph: 084 Reference ID: 36-084-20140306. Paragraph: 119 Reference ID: 36-119-20140306. The authority can enforce tree replacement duties by serving a tree replacement notice. The local planning authority and the appellant normally meet their own expenses. Applicants (or their agents) must make any appeal in writing by notice to the Planning Inspectorate. The authority may issue a decision more than 8 weeks after it receives an application, but cannot decide the application once an appeal has been made and remains outstanding. It should consider whether that loss or damage has arisen within the 12 months following its decision or, in the case of an appeal to the Secretary of State, the final determination of that appeal. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. The authority should make absolutely clear in its decision notice what is being authorised. A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. within 12 months of the date of the Secretary of States decision (if an appeal has been made). Before making an Order a local planning authority officer should visit the site of the tree or trees in question and consider whether or not an Order is justified. Early discussion will give the authority a chance to: Where there has been no pre-application discussion the applicant may, after discussion with the authority, still modify the application in writing or withdraw it and submit a new one. The standard form of Order provides examples of how information should be recorded in a schedule. 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. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. It is not a charge on any other land. Local planning authorities are encouraged to liaise with the Forestry Commission when considering making a Tree Preservation Order on land in which the Forestry Commission has an interest.