A section 211 notice is a notice submitted to the local planning authority by landowners or their agents. lop. withdraw from public inspection the copy of the variation order which was made available when it was first made. The authority should first investigate whether or not an allegation that a contravention has taken place, or is about to take place, is true. A Tree Preservation Order, or TPO, is usually made by a local planning authority (often the local council) to protect a specific tree or woodland from deliberate damage and destruction. Regulation 3 requires that a TPO must define the position of the trees to which it relates by means of a map. Paragraph: 036 Reference ID: 36-036-20140306. Although some trees or woodlands may merit protection on amenity grounds it may not be expedient to make them the subject of an Order. Trees in churchyards may be protected by an Order. 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. Unless stated, it also applies to work to trees in conservation areas that contravenes section 211 of the Town and Country Planning Act 1990. Paragraph: 094 Reference ID: 36-094-20140306. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. 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. This duty applies when an authority discharges its enforcement powers, including rights of entry, gathering samples from trees or of soil and taking statements. If you use assistive technology (such as a screen reader) and need a Paragraph: 018 Reference ID: 36-018-20140306. 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. 1. Tree Preservation Orders (TPO) and trees in conservation areas. 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. The applicant may submit the completed application form and accompanying documents to the authority by post, hand or electronic means fax, email or online through the Planning Portal. 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. Paragraph: 041 Reference ID: 36-041-20140306. If it has not received all the relevant documents and information the authority should declare the application invalid, decline to determine it and inform the applicant of their decision. time within which an application may be made to the High Court; and. Click on a tree symbol or hatched area on the map to find more information. Paragraph: 058 Reference ID: 36-058-20140306. 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. 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. If you are having problems seeing the map when using an Apple device, you may need to. Paragraph: 154 Reference ID: 36-154-20140306. In addition, authorities are encouraged to resurvey existing Orders which include the area category. Authorities are encouraged to make these registers available online. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. A Tree Preservation Order (TPO) is an order that is given to protect: Individual trees Groups of trees Woodlands You must get consent from us before you carry out any work to a tree that. Please feel free to let us know if you found it useful! The authority may use conditions or informatives attached to the permission to clarify this requirement. It will take only 2 minutes to fill in. You can automatically zoom\ navigate to a location on the map by entering a full or partial address in the box below and then by selecting the address from the list. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. It is unlikely to be appropriate to use the woodland classification in gardens. The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. Orders should be made in respect of trees where it appears necessary in connection with the grant of permission. Only one application is needed to carry out a number of different activities on the same tree or to carry out activities on a number of trees. By default, consent is valid for 2 years beginning with the date of its grant. Paragraph: 102 Reference ID: 36-102-20140306. Tree Preservation Orders can help protect woods and trees. Paragraph: 080 Reference ID: 36-080-20140306. The Regulations will have no effect in respect of anything done by, or on behalf of, the Forestry Commission on land it owns or manages (the Public Forest Estate) or in which it has an interest. This will help the authority to ensure that approved work has not been exceeded and support enforcement. The authority should give its decision in writing, setting out its reasons. They should therefore consider how best to demonstrate that they have made their decisions at this stage in an even-handed and open manner. 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. Paragraph: 140 Reference ID: 36-140-20140306. 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. Paragraph: 057 Reference ID: 36-057-20140306. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. Online map showing which trees have Tree Preservation Orders (opens in new window) Pruning or felling a protected tree can result in prosecution. You can change your cookie settings at any time. Applicants are advised not to submit their applications until they are in a position to present clear proposals. 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: 158 Reference ID: 36-158-20140306. Regulations 19-23 set out the appeal procedures. Paragraph: 027 Reference ID: 36-027-20140306. 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. Carrying out unauthorised work on a protected tree is a criminal offence. However, if the authority believes that some loss or damage is foreseeable, it should not grant consent automatically. For the purposes of the Act, a person does not have to obliterate a tree in order to destroy it. Flowchart 2 shows the process for revoking Orders. Paragraph: 142 Reference ID: 36-142-20140306. The law on Tree Preservation Orders is in Part VIII of the Town and Country Planning Act 1990 as amended and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 which came into force on 6 April 2012. It should also consider whether it is in the public interest to prosecute some or all of the individuals implicated in the offence. Unless you're sure that a tree or hedgerow is not protected, then you should not . But the place should at least correspond with the original position described in the Order and shown on the map. If you have a tree or group of trees protected by a tree preservation order, or you are within a conservation area and you wish to carry out any form of tree work, you must seek permission from the Council before starting. Paragraph: 087 Reference ID: 36-087-20140306. In certain circumstances, third parties may be able to apply for costs. Credit: Chris . If you plan to carry out work to a protected tree/hedge you must submit an application form. 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. Work should only be carried out to the extent that it is necessary to remove the risk. The form is available from the Planning Portal or the authority. In order to view the map please accept the following disclaimer. Here nuisance is used in its legal sense, not its general sense. This could include felling, lopping, topping, uprooting or otherwise wilful damage. This duty also applies under section 206 if a tree (except a tree protected as part of a woodland) is removed, uprooted or destroyed because it is dead or presents an immediate risk of serious harm. The authority can enforce tree replacement by serving a tree replacement notice. Paragraph: 097 Reference ID: 36-097-20140306. For example, an authority may wish to replace an Order containing an area classification with new Orders protecting individual trees or groups of trees. More information about tree replacement can be found at paragraph 151. However, the authoritys consent is required for work on trees subject to an Order if: The authoritys consent is also required, for example, for work on trees protected by an Order that is necessary to implement permitted development rights under the Town and Country Planning (General Permitted Development) Order 2015. uproot. An authority dealing with an application relating to woodland must grant consent so far as accords with good forestry practice unless it is satisfied that the granting of consent would fail to secure the maintenance of the special character of the woodland or the woodland character of the area. To use the map: go to 'address search' at the top of the map page and type in the post code or road name of the tree click on the 3 horizontal lines in the top left to access the menu click. Normally, they are set in place because it's the habitat for wildlife and they need protecting. The local planning authority and the appellant normally meet their own expenses. This duty also applies if a tree outside woodland is removed because it is dead or presents an immediate risk of serious harm. In addition, the authority may have to decide an application by a landowner asking it to dispense with the tree replacement duty. 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. Paragraph: 148 Reference ID: 36-148-20140306. If youd like an email alert when changes are made to planning guidance please subscribe. Authorities may authorise in writing their officers to enter land at a reasonable hour to ascertain whether an offence under section 210 or 211 has been committed if there are reasonable grounds for entering for this purpose. 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: 113 Reference ID: 36-113-20140306. Paragraph: 052 Reference ID: 36-052-20140306. Their purpose is to protect trees for the public to enjoy. 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. Paragraph: 008 Reference ID: 36-008-20140306. The authority should clearly mark the application with the date of receipt. If you are having problems viewing the map, you can open the map directly here. 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. Tree preservation orders. Paragraph: 016 Reference ID: 36-016-20140306. the cutting down or uprooting of a tree, whose diameter does not exceed 100 millimetres, for the sole purpose of improving the growth of other trees (eg thinning as part of forestry operations). Objections to a new Tree Preservation Order can be made on any grounds. If you require a copy of any TPO on or affecting your property . contribution to the character or appearance of a conservation area. Paragraph: 107 Reference ID: 36-107-20140306. Additionally, the Inspector may make an award of costs, in full or in part, if they judge that a party has behaved unreasonably resulting in unnecessary expense and another party has not made an application for costs. The Town and Country Planning Act 1990 and the Civil Procedure Rules 1998 set out the application process. Paragraph: 030 Reference ID: 36-030-20140306. The authority should discuss the issue with the landowner and offer relevant advice. The authority can deal with a section 211 notice in one of three ways. Well send you a link to a feedback form. In addition, authorities may wish to set up a programme to review Orders that include the area classification. 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. 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. A Tree Preservation Order is made by the council, giving legal protection to trees or woodland. Many trees in Exeter are protected by Tree Preservation Orders (TPO's) and trees in conservation areas are given automatic protection. 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. This notice period gives the authority an opportunity to consider whether to make an Order on the tree. However, permission must be sought first.Works undertaken to a protected tree without consent can result in a fine. 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. contribution to, and relationship with, the landscape; and. Authorities can also consider other sources of risks to trees with significant amenity value. Section 214A of the Town and Country Planning Act 1990 enables an authority to apply to the High Court or County Court for an injunction to restrain an actual or apprehended offence under section 210 (contravention of a Tree Preservation Order) or section 211 (prohibited work on trees in a conservation area). trees which are not to be included in the Order. It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. The local planning authoritys consent is needed for carrying out work on diseased and/or dying trees unless some other exemption applies. Further guidance can be found in paragraph 37 and paragraph 38. 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. Paragraph: 150 Reference ID: 36-150-20140306. The authority must be clear about what work it will allow and any associated conditions. Paragraph: 068 Reference ID: 36-068-20140306. If a tree is not planted within the period specified in the notice the authority may extend the period for compliance with the notice. Paragraph: 166 Reference ID: 36-166-20140306. In your application, explain the reasons why you require the removal of it. The authority should remind the landowner of the duty before the specified period ends and make clear that it will use its powers if the notice is not complied with. It is, however, important to gather enough information to be able to accurately map their boundaries. The applicant will usually be the owner of the tree or trees in question or an arboricultural contractor or other person acting as the applicants agent. If a tree is covered by a TPO OR is in . If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. Subject to provisions relating to forestry operations in protected woodland, a claim for compensation must be for not less than 500 and made to the authority either: Paragraph: 109 Reference ID: 20-109-20140306. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. * map location should not be relied on for accuracy. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. To be valid, an application for works to trees covered by a Tree Preservation Order must: Paragraph: 065 Reference ID: 36-065-20140306. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. This must be at least 21 days from the site notices date of display. In such cases, compensation is not payable for any: Paragraph: 110 Reference ID: 36-110-20140306. The authoritys consent for such work is not required. This process applies to contraventions of Tree Preservation Orders. For policy inquiries telephone 029 2082 3883, or write to: Decisions Branch, Planning Division, . This exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. Paragraph: 026 Reference ID: 36-026-20140306. A section 211 notice is not required where the cutting down, topping, lopping or uprooting of a tree is permissible under an exception to the requirement to apply for consent under a Tree Preservation Order. Paragraph: 112 Reference ID: 36-112-20140306. Paragraph: 106 Reference ID: 36-106-20140306. Clearly it must be satisfied that the trees were protected at the time they were removed. The authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. However the authoritys liability is limited. It is essential that an application sets out clearly what work is proposed. Paragraph: 144 Reference ID: 36-144-20140306. 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