When determining applications for consent under an Order, the authority may: The authority must decide the application before it, so it should not issue a decision which substantively alters the work applied for. To avoid the need for repeated notices over a relatively short period of time, one notice may, where appropriate, be submitted for repeated operations, phased works or programmes of work. They are put into place by councils and can protect either a single tree or a group of trees on land within their authority. Further guidance can be found at paragraph 148. 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. If a woodland subject to an Order is not brought into such a scheme, authorities can still encourage applications to manage the trees in ways that would benefit the woodland without making a serious impact on local amenity, for example by making a single application for regularly repeated operations. 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. Protected and Dangerous Trees includes: guidance on Tree Preservation Orders (TPOs) trees in Conservation Areas Please feel free to let us know if you found it useful! However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. 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. under tree preservation orders which were made after 2 August 1999. If a tree is not planted within the period specified in the notice the authority may extend the period for compliance with the notice. * map location should not be relied on for accuracy. Paragraph: 056 Reference ID: 36-056-20140306. Paragraph: 015 Reference ID: 36-015-20140306. 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. Flowchart 5 shows the decision-making process regarding notices for work to trees in a conservation area. The authoritys 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. Paragraph: 113 Reference ID: 36-113-20140306. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. identify the trees and clearly set out the proposed work and the authoritys reasons for the application; include an address where a copy of the application can be inspected; include an address to which any comments about the application should be sent; and. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. How to Remove a Tree Preservation Order News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. There is a right of appeal against a tree replacement notice however the authority has powers to dispense with the duty to plant a replacement tree. Any combination of these categories may be used in a single Order. By default, consent is valid for 2 years beginning with the date of its grant. Orders should be made in respect of trees where it appears necessary in connection with the grant of permission. If your tree is protected then you will need to apply to the Council to carry out any work. Section 209(2) of the Town and Country Planning Act 1990 includes a provision enabling the landowner to recover from any other person responsible for the cutting down, destruction or removal of the original tree or trees, as a civil debt, any: Paragraph: 163 Reference ID: 36-163-20140306. The authority is advised to also assess the particular importance of an individual tree, of groups of trees or of woodlands by reference to its or their characteristics including: Where relevant to an assessment of the amenity value of trees or woodlands, authorities may consider taking into account other factors, such as importance to nature conservation or response to climate change. This exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. You can find out whether a tree is protected by a TPO or is within a Conservation Area on our Interactive Map. Where a Tree Preservation Order may be justified, the officer should gather sufficient information to enable an accurate Order to be drawn up. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. . 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. So authorities are advised to keep their Orders under review. More information about investigations, injunctions and temporary stop notices can be found at paragraph 148. Paragraph: 070 Reference ID: 36-070-20140306. It may: While bearing in mind the 6-week notice period, the authority should allow sufficient time for it to receive objections to the work. Paragraph: 101 Reference ID: 36-101-20140306. The authority may wish to attach to its decision notice advice and information (sometimes known as an informative) relating to the decision. If it is not done following the correct preservation standards and guidelines, it can cause further implications which cause the tree to re-grow. Welcome to the Ards and North Down Borough Interactive Tree Preservation Order (TPO) Map. The trees, or at least part of them, should normally be visible from a public place, such as a road or footpath, or accessible by the public. TPOs prohibit felling and damage to trees without the written consent of the local planning authority. Paragraph: 152 Reference ID: 36-152-20140306. However, some trees in conservation areas also have a. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Paragraph: 076 Reference ID: 36-076-20140306. It also means that you could face a fine because this could happen to be a protected tree. Trees covered by TPOs must never be cut down or pruned unless permission is received from the council. Prosecutors should ensure that evidence at trial is restricted only to establishing the elements of the offence. Paragraph: 078 Reference ID: 36-078-20140306. 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 local planning authority cannot require maintenance work to be done to a tree just because it is protected. 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. Tree preservation orders Search for TPOs and trees in conservation areas. It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. It should also explain to the person who gave notice that an application for consent under the Order may be made at any time. Paragraph: 126 Reference ID: 36-126-20140306. A plan is not mandatory but can be helpful. A copy of the Order itself can be viewed on the Council's web site, on the. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. Paragraph: 054 Reference ID: 36-054-20140306. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. Authorities should consider publicising successful prosecutions to help maximise their deterrent value. Any question of disputed compensation must be referred to, and determined by, the Lands Chamber of the Upper Tribunal. Paragraph: 153 Reference ID: 36-153-20140306. The orders cover individual. These provisions require people to notify the local planning authority, using a section 211 notice, 6 weeks before carrying out certain work on such trees, unless an exception applies. 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. A general description of genera should be sufficient for areas of trees or woodlands. This map is provided for indicative purposes only and should not be used for identification of land ownership. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. 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. 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. TPOs can be viewed on the Tree Preservation Order Map. This will help to maintain and enhance the amenity provided by protected trees. 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. The exceptions allow removal of dead branches from a living tree without prior notice or consent. Tree Preservation Orders can help protect woods and trees. Dataset provides details of the location and description of Tree Preservation Orders (TPO) covering specified individual trees or areas.TPOs protect specific trees or a particular area, group. whether the notice relates to contravening an Order or a section 211 notice; whether the notice relates to complying with a condition of consent; the number, size and species of the replacement trees. Paragraph: 134 Reference ID: 36-134-20140306. They should consider first discussing their ideas with an arboriculturist or the authoritys tree officer. within 12 months of the date of the Secretary of States decision (if an appeal has been made). The authority cannot validate an application that does not satisfy the necessary requirements. Click on the map to find out more about specific tree preservation order. It may be possible to bring a separate action for each tree cut down or damaged. Section 210(4A) and (4B) of the Town and Country Planning Act 1990 set out that, in respect of offences under section 210(4) of the Act, authorities may bring an action within 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutors knowledge. Online map showing which trees have Tree Preservation Orders (opens in new window) Pruning or felling a protected tree can result in prosecution. It is important that the information on the form makes clear what the proposed work is and provides adequate information to support the case. Authorities are encouraged to make these registers available online. When deciding what is necessary to prevent or abate a nuisance, tree owners and, where applicable, their neighbours and local authorities, should consider whether steps other than tree work might be taken. Paragraph: 138 Reference ID: 36-138-20140306. 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. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. 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. An injunction is a court order prohibiting a person from taking a particular action. Paragraph: 127 Reference ID: 36-127-20140306. Paragraph: 009 Reference ID: 36-009-20140306. 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