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. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. Paragraph: 142 Reference ID: 36-142-20140306. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. Thank you for taking time to read this page and the information we have provided. (179kb PDF), application for tree works subject to a TPO (179kb PDF), TheSupplementary Planning Guidance (SPG) Trees and Development (10.6mb PDF). The authority should make a copy of the Order as confirmed available for public inspection at its offices, replacing the copy of the made Order. A Word version of the standard form is available. Trees in a conservation area that are not covered by a TPO are protected in law - section 211 of the Town and Country Planning Act 1990. Notice is required for works to trees that have a trunk diameter of more than 75mm . A section 211 notice does not need to be publicised. Cardiff, CF10 3NQ The Inspectorate's telephone number is 029 2082 3856 for inquiries about appeal procedures. If you see work being carried out on a preserved tree or a tree in a conservation area please contact the Department for Place on 01702 215004 so that a check can be made as to whether permission has been granted. People can apply for a tree protection order in surrounding areas if they feel that the area is at risk. However, there are strict criteria and limitations on what compensation may be payable. Tree Felling in Cardiff - https://www.tree-surgeon-near-me.co.uk/services/felling/cardiff, Tree Pruning in Cardiff - https://www.tree-surgeon-near-me.co.uk/services/pruning/cardiff, Tree Stump Removal in Cardiff - https://www.tree-surgeon-near-me.co.uk/services/stump-removal/cardiff, Arboricultural Consultant in Cardiff - https://www.tree-surgeon-near-me.co.uk/services/arboriculture/cardiff, Garden Landscaping in Cardiff - https://www.tree-surgeon-near-me.co.uk/landscaping/cardiff. 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). Protecting trees in conservation areas gives guidance on the circumstances where a section 211 notice may be required. Paragraph: 122 Reference ID: 36-122-20140306. The authority should give its decision in writing, setting out its reasons. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. There are strict deadlines within which costs applications must be made. They are made to protect individual trees, groups of trees or woodlands which have . 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). Tree Preservation Orders can help protect woods and trees. Paragraph: 025 Reference ID: 36-025-20140306. Paragraph: 147 Reference ID: 36-147-20140306. Whichever appeal procedure is used, an application can be made for an award of costs on the grounds of another partys unreasonable behaviour which causes unnecessary expense. The Order will protect only those trees standing at the time it was made, so it may over time become difficult to be certain which trees are protected. If your tree is protected then you will need to apply to the Council to carry out any work. Details on High Court challenges are in the Planning Inspectorates guidance on tree replacement appeals. Paragraph: 088 Reference ID: 36-088-20140306. The authority should consider keeping anyone who has notified the authority of a contravention informed of the outcome of the investigation. No claim can be made for loss or damage incurred before an application for consent to undertake work on a protected tree was made. Paragraph: 097 Reference ID: 36-097-20140306. 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. The local planning authority should also consider: If the authority decides not to take formal enforcement action it should be prepared to explain its reasons to anyone who would like to see action taken. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. A TPO gives legal protection to an individual tree, group of trees, area or woodland. Tree Preservation Orders are usually made to protect trees . Part 6 of the Localism Act 2011 amended section 210 of the Town and Country Planning Act 1990 concerning time limits for proceedings in regard to non-compliance with Tree Preservation Order regulations. They should demonstrate that the proposal is a proportionate solution to their concerns and meets the requirements of sound arboriculture. 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. The authority may use conditions or informatives attached to the permission to clarify this requirement. For the purposes of the Act, a person does not have to obliterate a tree in order to destroy it. 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. 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 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. 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 should also explain to the person who gave notice that an application for consent under the Order may be made at any time. Section 210(4) of the Act sets out that it is also an offence for anyone to contravene the provisions of an Order other than those mentioned above. The authority must make a copy of the variation order available for public inspection. A tree preservation order (TPO) is placed if the council decides that a tree has a high aesthetic value. 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. Authorities are encouraged to make their registers available online. Flowchart 7 shows the decision-making process regarding tree replacement. Tree preservation orders. The authoritys main consideration should be the amenity value of the tree. A Tree Preservation Order (TPO) is a special form of control for trees on private property. 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. The Variation Order is located in Lakeside in the ward of Cyncoed. Paragraph: 010 Reference ID: 36-010-20140306. Tree Preservation Orders (TPOs) There are over 560 separate TPOs within our boundaries covering individual trees, groups of trees, 'areas' and woodlands. 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. This notice period gives the authority an opportunity to consider whether to make an Order on the tree. Paragraph: 042 Reference ID: 36-042-20140306. More information about tree replacement can be found at paragraph 151. 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. errors in the Orders Schedule or map have come to light. Paragraph: 053 Reference ID: 36-053-20140306. In certain circumstances, third parties may be able to apply for costs. The authority can enforce tree replacement duties by serving a tree replacement notice. 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. This is also the case in respect of works done by or on behalf of a person under a working plan or plan of operations, approved by the Forestry Commission under: Paragraph: 014 Reference ID: 36-014-20140306. Flowchart 1 shows the process for confirming an Order. The authority must be clear about what work it will allow and any associated conditions. There are many reasons why not everybody wants tree cutting nearby done to them, it might be because of the wildlife but it might also be because of the privacy and noise reduction the trees offer. the possibility of a wider deterrent effect. 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. 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. Paragraph: 058 Reference ID: 36-058-20140306. The authority must serve a copy of the variation Order on such people along with a statement explaining the effect of the variation. Paragraph: 002 Reference ID: 36-002-20140306. For example, the Order is overridden if a tree has to be removed to make way for a new building for which full planning permission has been granted. An Order prohibits. 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. 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. 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. The authority may ask the applicant about their legal interest in the tree and consult the trees owner. Paragraph: 079 Reference ID: 36-079-20140306. Authorities must not consider applications that do not meet the applicable procedural requirements. Paragraph: 085 Reference ID: 36-085-20140306. If the authority did not visit the site before the application was made then an officer should do so at this stage. If a tree is covered by a TPO OR is in . 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. If a tree is illegally felled to facilitate development then the fine can be raised to the . When granting planning permission authorities have a duty to ensure, whenever appropriate, that planning conditions are used to provide for tree preservation and planting. Appeals must be made to the Planning Inspectorate, which handles appeals on behalf of the Secretary of State, before the notice takes effect. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. The Planning Inspectorate publishes the appeal form and detailed guidance on the appeal process. The link below will navigate you an interactive map where you can search for TPOs throughout the. Trees in a conservation area that are already protected by a Tree Preservation Order are subject to the normal procedures and controls for any tree covered by such an Order. Paragraph: 113 Reference ID: 36-113-20140306. Enter a postcode or part of an address to locate a site. 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. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. A tree preservation order (TPO) protects trees under the Town and Country Planning Act 1990. You may be trying to access this site from a secured browser on the server. But the place should at least correspond with the original position described in the Order and shown on the map. The officer should also record other information that may be essential or helpful in the future. This could include felling, lopping, topping, uprooting or otherwise wilful damage. 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. 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. An injunction is a court order prohibiting a person from taking a particular action. It is important that trees are inspected regularly and necessary maintenance carried out to make sure they remain safe and healthy. Protected and Dangerous Trees includes: guidance on Tree Preservation Orders (TPOs) trees in Conservation Areas But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. 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 trees position. Regulation 3 requires that a TPO must define the position of the trees to which it relates by means of a map. The authority should not confirm an Order it has modified by adding references to trees, groups of trees or woodlands in the Schedule to the Order or the map to which the Order did not previously apply. 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. Welcome to the Ards and North Down Borough Interactive Tree Preservation Order (TPO) Map. 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 can also consider displaying site notices. If the necessary requirements are met, the authority should validate the application. Paragraph: 041 Reference ID: 36-041-20140306. They may decide to vary or revoke Orders because, for example: Paragraph: 050 Reference ID: 36-050-20140306. The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. The authority must keep available for public inspection a register of all section 211 notices. Trees in conservation areas that are more than 7.5cm in diameter at 1.5 metres above the ground have protection, as if they have a TPO. 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. The duty attaches to subsequent owners of the land. An Order can be used to protect individual trees, trees within an area, groups of trees or whole woodlands. Where work is carried out on a regular basis, the local authority and the appropriate authority of the Crown should consider following the guidance at paragraph 126. It should state: Paragraph: 159 Reference ID: 36-159-20140306. The local planning authority is not required to obtain the prior consent of the appropriate authority before serving a tree replacement notice on a Crown body. But authorities should bear in mind that successful prosecutions for contravening Orders will be difficult where Orders do not show clearly which trees are meant to be protected. Once a TPO is served, the tree does not become the responsibility of the Council. Local planning authorities have powers to vary (change) or revoke (cancel) their Orders. The authority has discretion whether to undertake wider notification and publicity if it considers this would be appropriate. However, the authority may decide to set a different time limit with a condition in the consent. This will be the case, for instance, in respect of anything done by, or on behalf of, the Forestry Commission on land it owns or manages or in which it has an interest. 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. Paragraph: 036 Reference ID: 36-036-20140306. 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. trees which are not to be included in the Order. 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. In the Secretary of States view, cutting roots is also a prohibited activity and requires the authoritys consent. Our tree information includes: Trees in Development. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the appropriate authority). The authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. Paragraph: 106 Reference ID: 36-106-20140306. 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 exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. Paragraph: 126 Reference ID: 36-126-20140306. See the Planning Inspectorates detailed guidance on making an appeal and the associated form. Flowchart 4 shows the decision-making process regarding compensation. The authority may enforce this duty by serving a tree replacement notice. In addition, authorities are encouraged to resurvey existing Orders which include the area category. If a tree is not planted within the period specified in the notice the authority may extend the period for compliance with the notice. TPOs are documents that give legal. See section 214D(3) of the Town and Country Planning Act 1990. A Tree Preservation Order (TPO) is an order made by the local planning authority which makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree. These appeals are handled by the Planning Inspectorate on the Secretary of States behalf. 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. 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. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. The orders cover individual. Their purpose is to protect trees for the public to enjoy. 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