In this case, the protected trees are not evident on the property. 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. Before starting work on any tree, we strongly recommend that you check its status with us by emailing details, including the location and a description of the work you wish to carry out. This must be at least 21 days from the site notice’s date of display. 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 officer should also record other information that may be essential or helpful in the future. One example is work urgently necessary to remove an immediate risk of serious harm. Unless there is an immediate risk of serious harm, anyone proposing to carry out work on a tree in a conservation area on the grounds that it is dead must give the authority 5 days notice before carrying out the proposed work. Authorities must not consider applications that do not meet the applicable procedural requirements. In determining the amount of the fine, the court will take account of any financial benefit arising from the offence. ensure that appropriate expertise informs its decision. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. You will The authority can decide to confirm an Order in relation to some, but not all, of the trees originally specified in the Order it made. Paragraph: 092 Reference ID: 36-092-20140306. The standard form of Order includes a draft endorsement for variation. 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. Where the Order includes the area classification, although the position of every tree will not be shown, the authority is advised to specify replanting as near as is reasonably practical to the original tree’s position. Paragraph: 137 Reference ID: 36-137-20140306. Paragraph: 061 Reference ID: 36-061-20140306. Paragraph: 156 Reference ID: 36-156-20140306. The authority’s consent is not required for carrying out work on trees protected by an Order if that work is urgently necessary for national security purposes. For example, it is unlikely to be necessary to make an Order in respect of trees which are under good arboricultural or silvicultural management. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. 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. the address of the land where the tree stands; sufficient information to identify the tree; the date of the authority’s decision date (if any); and, the cutting down, topping or lopping or uprooting of a tree whose diameter does not exceed 75 millimetres; or. Further site visits may be appropriate following emergency situations where on the initial visit the authority did not fully assess the amenity value of the trees or woodlands concerned. The authority must make a copy of the variation order available for public inspection. The authority may wish to attach to its decision notice advice and information (sometimes known as an ‘informative’) relating to the decision. The authority should give its decision in writing, setting out its reasons. A potential applicant or their agent may wish to first discuss the proposal informally with the authority. The woodland category’s purpose is to safeguard a woodland as a whole. Any request for the authority to use this power should be made in writing. Open maps. But it is not necessary for there to be immediate risk for there to be a need to protect trees. Under the Planning and Development Act 2000, local authorities can issue TPOs on a tree or a group of trees that it feels deserves protection. 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. For more information on Tree Preservation Orders: D.E.T.R., 2000. For example: Paragraph: 100 Reference ID: 36-100-20140306. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. The authority’s consent for such work is not required. a maximum fine of €500], or (… 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. Paragraph: 046 Reference ID: 36-046-20140306. We offer pre-application advice to tree owners. 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. 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. It is unlikely to be appropriate to use the woodland classification in gardens. Paragraph: 028 Reference ID: 36-028-20140306. Flowchart 7 shows the decision-making process regarding tree replacement. In either case it should promptly inform the person who gave the notice. Paragraph: 164 Reference ID: 36-164-20140306. However, the authority’s consent is required for work on trees subject to an Order if: The authority’s 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. ‘Amenity’ is not defined in law, so authorities need to exercise judgment when deciding whether it is within their powers to make an Order. A copy of the Order will also be made available for public inspection. Paragraph: 002 Reference ID: 36-002-20140306. Further guidance can be found on the government website here. Paragraph: 162 Reference ID: 36-162-20140306. It is, however, important to gather enough information to be able to accurately map their boundaries. However, the authority should carefully consider the circumstances of the case (such as the number of trees involved or the time of year) when deciding what timing would be reasonable. The area category is one way of protecting individual trees dispersed over an area. It also re-enforces the importance of obtaining a Local Search when purchasing a property so as to ascertain whether or not a property is subject to such an Order. 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. Orders covering a woodland protect the trees and saplings of whatever size within the identified area, including those planted or growing naturally after the Order was made. The Environment Agency does not need to obtain the authority’s consent before cutting down, topping, lopping or uprooting trees protected by an Order to enable it to carry out its permitted development rights. They are liable, if convicted in the Magistrates’ Court, to a Level 3 fine (currently up to £1,000). In addition, the authority should: Paragraph: 099 Reference ID: 36-099-20140306 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. 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. This will also apply to trees within a conservation area. Anyone can apply for consent under an Order. Paragraph: 035 Reference ID: 36-035-20140306. Generally they are trees that can be seen from public spaces and add amenity value to the local community. 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 … These should specifically address each of the applicant’s reasons for making the application. The unauthorised lopping, wilful damage or felling of a tree is a serious criminal offence and can result in a fine of up to £20,000. The authority may also serve a tree replacement notice to enforce any unfulfilled condition of consent granted under a Tree Preservation Order, or imposed by the Secretary of State on appeal, that requires tree replacement. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. 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. 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: 074 Reference ID: 36-074-20140306. 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. 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. The authority’s consent is not required for carrying out work on a tree subject to an Order and cultivated for the production of fruit in the course of a business or trade if the work is in the interests of that business or trade. However, if the authority believes that some loss or damage is foreseeable, it should not grant consent automatically. However, the authority cannot enter Crown land without consent from the appropriate Crown body. 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. Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. 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. If the authority did not visit the site before the application was made then an officer should do so at this stage. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. Paragraph: 080 Reference ID: 36-080-20140306. 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