tree preservation order map cardiff

Section 210(3) provides that, in determining the amount of fine, the court shall take into account any financial benefit which has resulted, or is likely to result, from the offence. 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. A section 211 notice does not need to be publicised. If in doubt they are advised to seek advice from the authority or Natural England on how to proceed. A tree preservation order (TPO) is placed if the council decides that a tree has a high aesthetic 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). The TPO can cover anything from a single tree, groups of trees and woodlands, provided . 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. 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. Further details are available in the Planning Inspectorates appeals guidance. The authority must serve a copy of the variation Order on such people along with a statement explaining the effect of the variation. reasonably foreseeable by that person; and. ensure that appropriate expertise informs its decision. The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. The local planning authoritys consent is needed for carrying out work on diseased and/or dying trees unless some other exemption applies. The standard form of Order includes a draft endorsement for variation. But the plan must identify clearly the tree or trees in question and, where appropriate, should identify main features of property affected by the application. The persons interested in the land affected by the Order are every owner and occupier of the land on which the protected trees stand and every other person the authority knows is entitled to carry out certain works to any of those trees or in relation to the affected land. Paragraph: 041 Reference ID: 36-041-20140306. 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. It can also consider displaying site notices. The legislation does not require authorities to describe the trees in the Order with full scientific names or plot them on the map with pinpoint accuracy. Paragraph: 054 Reference ID: 36-054-20140306. The authority cannot validate an application that does not satisfy the necessary requirements. 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. If an authority receives notice of work under any exception it may decide to inform the notifier that it considers the exemption does not apply and, if necessary, seek injunctive relief in the crown courts. Paragraph: 090 Reference ID: 36-090-20140306. Protected trees can be of any size or species. Apply for a Tree Preservation Order or a Hedgerow Removal Notice To apply for a Tree Preservation Order or a Hedgerow Removal Notice we firstly recommend you to contact our. But such an applicant is advised to first consult the trees owner and also notify them promptly after submitting their application. The authority should also take into account the legal duty to replace trees. 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. Whichever appeal procedure is used, the Inspector will consider: Paragraph: 103 Reference ID: 36-103-20140306. Paragraph: 157 Reference ID: 36-157-20140306. within 12 months of the date of the Secretary of States decision (if an appeal has been made). Replacement trees should be of an appropriate size and species and planted at the same place as soon as the owner of the land can reasonably do this. In addition, the authority should: Paragraph: 099 Reference ID: 36-099-20140306 Unlike a replacement tree planted under a condition, a replacement tree planted because of the duty under section 206 is automatically protected by the original Order. Also, a person can apply to carry out work on a neighbours protected tree. Where an authority has granted planning permission for development in a conservation area, only tree works necessary to implement the development may be carried out. When the authority has decided to confirm an Order it should, as soon as practicable, notify all people previously served with the made Order. See section 214D(3) of the Town and Country Planning Act 1990. For policy inquiries telephone 029 2082 3883, or write to: Decisions Branch, Planning Division, . Paragraph: 018 Reference ID: 36-018-20140306. 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. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. This provisional effect lasts for 6 months, unless the authority first either confirms the Order to provide long-term protection or decides not to confirm it. For example, anyone who lops a tree in contravention of an Order, but in a way that the tree is not likely to be destroyed, would be guilty of this offence. 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. Where a number of trees or operations are involved, it should make clear what work is proposed to which tree. Dont worry we wont send you spam or share your email address with anyone. The authoritys consent is not required for carrying out work on trees protected by an Order if that work is urgently necessary for national security purposes. Where an authority grants consent for work in woodland that does not require a felling licence it may impose a condition to replant the land. Paragraph: 124 Reference ID: 36-124-20140306. Paragraph: 083 Reference ID: 36-083-20150415, Revision date: 15 04 2015 See previous version. A tree preservation order (TPO) protects trees under the Town and Country Planning Act 1990. But the authority and landowner may agree on planting, for example, one tree of a different species or two trees of a smaller species to replace one of a large species. The authority should consider whether there is a realistic prospect of a conviction and whether it is in the public interest to prosecute. If the danger is not immediate the tree does not come within the meaning of the exception. The authority must keep available for public inspection a register of all section 211 notices. 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. Paragraph: 119 Reference ID: 36-119-20140306. Wilful damage carries . This would not normally include shrubs, but could include, for example, trees in a hedge or an old hedge which has become a line of trees of a reasonable height. 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. If this deadline is missed and an authority still considers protection necessary it will have to make a new Order. Paragraph: 066 Reference ID: 36-066-20140306. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. Tree Preservation Orders(TPO) apply to specific trees and woodlands in Cardiff to help protect them. Paragraph: 056 Reference ID: 36-056-20140306. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. It is, however, important to gather enough information to be able to accurately map their boundaries. For example: Paragraph: 100 Reference ID: 36-100-20140306. Paragraph: 024 Reference ID: 36-024-20140306. Public visibility alone will not be sufficient to warrant an Order. It is not a charge on any other land. After deciding not to confirm an Order the authority must still record this decision on endorsing the Order. However, the authority cannot enter Crown land without consent from the appropriate Crown body. When applying for consent to remove trees, applicants should include their proposals for replacement planting. Anyone who contravenes an Order by damaging or carrying out work on a tree protected by an Order without getting permission from the local planning authority is guilty of an offence and may be fined. Authorities are encouraged to make these registers available online. This register must be available for inspection by the public at all reasonable hours. The authoritys consent for such work is not required. Paragraph: 156 Reference ID: 36-156-20140306. Paragraph: 107 Reference ID: 36-107-20140306. An exception may exempt landowners or their agents from the normal requirement to seek the local planning authoritys consent before carrying out work on trees subject to an Order. Any type of tree can be protected by a TPO regardless of its species; this includes hedgerow trees, but not hedges, bushes or shrubs. Paragraph: 125 Reference ID: 36-125-20140306. 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. 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. It should explain why the authority is exercising the duty and what the landowner must do to comply with it. Paragraph: 114 Reference ID: 36-114-20140306. If it is done professionally, they will be able to make sure that a thorough job is completed to a high standard. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. This may include: Paragraph: 022 Reference ID: 36-022-20140306. Any necessary minor clarification should be confirmed in writing by the applicant either in a separate letter or by modifying the original application. So the authority cannot: Paragraph: 118 Reference ID: 36-118-20140306. Notice is required for works to trees that have a trunk diameter of more than 75mm . 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. Paragraph: 064 Reference ID: 36-064-20140306. Flowchart 2 shows the process for revoking Orders. An Order can be used to protect individual trees, trees within an area, groups of trees or whole woodlands. This will help to maintain and enhance the amenity provided by protected trees. an existing forestry dedication covenant; a grant scheme or loan administered by the Forestry Commission; and/or. They are liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). Works cannot be done to any tree in the city, subject to a TPO, without prior approval from. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. Paragraph: 115 Reference ID: 36-115-20140306. 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. Paragraph: 037 Reference ID: 36-037-20140306. Paragraph: 087 Reference ID: 36-087-20140306. 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. it is not necessary to carry out works on protected trees in order to implement a full planning permission. the cutting down, topping, lopping or uprooting of a tree by, or on behalf of, the authority; the cutting down, topping, lopping or uprooting of a tree by or on behalf of the, cuts down, uproots or wilfully destroys a tree; or, tops, lops or wilfully damages a tree in a way that is likely to destroy it; or. Find out more about Mid Sussex District Council news by visiting our Newsroom. However, when you contact us using the enquiry form on our site, we can discuss the possible options and ways which we could apply to your council to remove the trees. But it is not necessary for there to be immediate risk for there to be a need to protect trees. Local planning authorities may make Orders in relation to land that they own. They should demonstrate that the proposal is a proportionate solution to their concerns and meets the requirements of sound arboriculture. This exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. Paragraph: 035 Reference ID: 36-035-20140306. Dead trees and branches can provide very valuable habitats for plants and wildlife, which may also be protected under other legislation. The layer, CCBC_UA, Conservation_Area, TPO Groups, Areas, Woodlands, TPO Trees, cannot be added to the map. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. 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. Another example is government authorities requiring the destruction of particular trees to tackle a serious plant disease. Paragraph: 017 Reference ID: 36-017-20140306. Subject to provisions relating to forestry operations in protected woodland, an authority may be liable to pay compensation for loss or damage caused or incurred in consequence of it: Paragraph: 108 Reference ID: 36-108-20140306. However, it is required to secure the consent of the appropriate authority before entering Crown land to enforce the notice. A Tree Preservation Order (TPO) is a written order made by a local planning authority (the council), which, in general, makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order without the authority's permission. These procedures may require close liaison between tree officers, enforcement officers and legal advisers. Following consideration of any objections and comments the authorities can decide whether or not to confirm the Order. In the Secretary of States view, cutting roots is also a prohibited activity and requires the authoritys consent. A Tree Preservation Order makes it illegal to cut down, prune, or otherwise damage a tree protected by a TPO without the council's consent and the unauthorised lopping or felling of a tree is a criminal offence which can result in an unlimited fine. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. 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. Anyone who wilfully obstructs an authority officer exercising these rights of entry is guilty of an offence and liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). Paragraph: 097 Reference ID: 36-097-20140306. 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. A notice must include the date it is submitted. Paragraph: 126 Reference ID: 36-126-20140306. The authority must notify the occupier at least 24 hours before entering a dwelling or occupied land. 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. A TPO does not stop works that need to be carried out to a tree. Paragraph: 001 Reference ID: 36-001-20140306. For example, an authority might have to take into account an unfulfilled condition or notice requiring a replacement tree, or an ongoing appeal. It means that if the certain trees protected by the order is cut down or removed, it's an offence. 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. Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. [[nid:7096 title="Map: Tree Preservation Orders and Conservation Areas"]] Related information You can find out more about tree preservation orders on our trees and hedges page. Paragraph: 026 Reference ID: 36-026-20140306. be fair and reasonable in the circumstances of each case; be imposed only where there is a definite need for it; and. The duty transfers to the new owner if the land changes hands. To be valid, an application for works to trees covered by a Tree Preservation Order must: Paragraph: 065 Reference ID: 36-065-20140306. The legislation provides no right of appeal to the Secretary of State against an authority either making or confirming an Order. If you'd like to know how to remove a tree preservation order, please follow the steps below: Write to the local council or authority who set the TOP in place. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. However the authoritys liability is limited. These should specifically address each of the applicants reasons for making the application. This notice period gives the authority an opportunity to consider whether to make an Order on the tree. 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 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. Tree Preservation Orders (or TPOs) are placed upon trees that have been assessed and identified as having 'amenity value'. Authorities are advised to enter None against any categories not used in the Order. any further information requested by the Inspector. We currently have over. Authorities can also consider other sources of risks to trees with significant amenity value. Once a TPO is served, the tree does not become the responsibility of the Council. Paragraph: 122 Reference ID: 36-122-20140306. One consideration would be to look at what is likely to happen, such as injury to a passing pedestrian. Flowchart 3 shows the process for applications to carry out work to protected trees. Many trees in Exeter are protected by Tree Preservation Orders (TPO's) and trees in conservation areas are given automatic protection. Paragraph: 093 Reference ID: 36-093-20140306. They should therefore consider how best to demonstrate that they have made their decisions at this stage in an even-handed and open manner. 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. It may be expedient to make an Order if the authority believes there is a risk of trees being felled, pruned or damaged in ways which would have a significant impact on the amenity of the area. In considering an application, the local planning authority should assess the impact of the proposal on the amenity of the area and whether the proposal is justified, having regard to the reasons and additional information put forward in support of it. 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. 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. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010 make provision for the form of a TPO and the procedure to be followed when making and confirming a TPO. Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. The authority must be clear about what work it will allow and any associated conditions. 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. Cut down or removed, the authority must keep available for inspection by Order! The certain trees protected by the applicant either in a separate letter or modifying. Protection necessary it will have to make an Order on such people along with a statement explaining the effect the... By protected trees in Order to implement a full Planning permission 033 ID! Consideration would be to look at what is likely to happen, such as to. May also be subject to enforcement action the Town and Country Planning Act 1990 the meaning of the applicants for. Local Planning authoritys consent be subject to enforcement action works can not be added to the new if. Certain trees protected by the Forestry Commission ; and/or Planning authoritys consent for such work is not necessary for to... Send you spam or share your email address with anyone for replacement planting a Level fine. The UK Forestry standard and its supporting guidelines define the governments standards and requirements dead trees and woodlands in to. These should specifically address each of the Town and Country Planning Act 1990 administered by the woodland classification removed. Licence under the Town and Country Planning Act 1990 go on to the land changes hands this deadline is and! 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