Section 206(3) of the Town and Country Planning Act 1990 restricts the landowner’s duty to replace trees subject to the woodland classification to those removed, uprooted or destroyed in contravention of the Order. A millionaire businessman who illegally chopped down 11 trees to make his back garden bigger has been taken to court. A tree owner may use an unused and unexpired consent obtained by a former owner. Anyone in contravention of a Tree Preservation Order and found guilty of an offence is liable, if convicted in a magistrates court, to a fine of up to £20,000. The same penalties as those for contravening an Order apply. In these cases the authority should satisfy itself that the proposed works are appropriate for this type of consent and that the relevant evidence supports this. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. Details on High Court challenges are in the Planning Inspectorate’s guidance on tree replacement appeals. Paragraph: 090 Reference ID: 36-090-20140306. They should therefore consider how best to demonstrate that they have made their decisions at this stage in an even-handed and open manner. If the tree is in a conservation area or is the subject of a Tree Preservation Order, it is legally protected and you … However, there are strict criteria and limitations on what compensation may be payable. See section 214D(3) of the Town and Country Planning Act 1990. Such notices may apply to breaches of conditions in planning permissions. It should assess the quality of additional information submitted with an application form during the determination of the application. ... To find out whether a tree is protected by a Tree Preservation Order or is in a Conservation area, please use our online mapping system. Applicants must provide reasons for proposed work. Where a number of trees or operations are involved, it should make clear what work is proposed to which tree. 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. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. Paragraph: 070 Reference ID: 36-070-20140306. Other offences carry a fine of up to £2,500. Carrying out unauthorised work to a protected tree is an offence and can result in a fine of up to £20,000 or for a more serious offence, an unlimited fine. The authority is advised to bear in mind the limitations to its liability to pay compensation covered in the answers to the previous questions. 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. 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. The authority’s consent is not required for carrying out work on trees subject to an Order so far as such work is necessary to implement a full planning permission. To bring a successful prosecution the authority should have sufficient evidence to show that: The elements of the offence must be proved beyond reasonable doubt. Paragraph: 152 Reference ID: 36-152-20140306. there is no need for Orders made before 6 April 2012 to be remade, amended or reissued. Anyone can apply for consent under an Order. It can also consider displaying site notices. Trees in churchyards may be protected by an Order. ensure that appropriate expertise informs its decision. In these areas the county council may only make an Order: Paragraph: 006 Reference ID: 36-006-20140306. 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. Eric Gadsden (on behalf of W E Black Limited and individually) pleaded guilty at St Albans Magistrates' Court on Wednesday 19 August and received a fine of £1,500 and ordered to pay costs of £2,500 … The authority’s consent is otherwise generally required for carrying out prohibited activities to a fruit tree protected by an Order and not cultivated on a commercial basis. The standard form of Order shows what information is required. 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. 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. Local authority officers conducting criminal investigations must have regard to the codes of practice prepared under section 66 of the Police and Criminal Evidence Act 1984 and any other relevant codes relating to criminal proceedings. Authorities can either initiate this process themselves or in response to a request made by any other party. This will help to maintain and enhance the amenity provided by protected trees. Even where they do exist, they rely heavily on local government to administer them. Tree Preservation Order (TPO) A Tree Preservation Order (TPO) is an order made by us, giving legal protection to trees or woodland. 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 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. If the tree is in a conservation area or is the subject of a Tree Preservation Order, it is legally protected and you … The Order must specify the trees or woodlands as being within 4 categories (individual, area, group and woodland). Authorities should liaise with the Forestry Commission if they believe there has been a contravention of the felling licence provisions of the Forestry Act 1967. Only one copy of each application document needs to be submitted. Paragraph: 037 Reference ID: 36-037-20140306. Paragraph: 133 Reference ID: 36-133-20140306. 7. A section 211 notice is not, and should not be treated as, an application for consent under an Order. But, where an alleged action falls short of the definition in section 210 of the Town and Country Planning Act 1990, section 1(1) of the Criminal Attempts Act 1981 may provide an alternative route in some cases where unauthorised work has been attempted. Applying for or Amending a Premises Licence – What does it cost? We regularly publish newsletters, breaking legal news, topical updates and more – register your details below and select which updates you’d like to subscribe to, to get the latest relevant information straight to your inbox. When considering whether to prosecute, the authority should have regard to the Code for Crown Prosecutors and its own enforcement and prosecution policies. Any request for the authority to use this power should be made in writing. We use cookies to collect information about how you use GOV.UK. It is unlikely to be appropriate to use the woodland classification in gardens. The authority may wish to attach to its decision notice advice and information (sometimes known as an ‘informative’) relating to the decision. contribution to the character or appearance of a conservation area. Paragraph: 073 Reference ID: 36-073-20140306. These should specifically address each of the applicant’s reasons for making the application. 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. Paragraph: 081 Reference ID: 36-081-20140306. The authority’s consent is not required for carrying out the minimum of work on a tree protected by an Order that is necessary to prevent or abate a nuisance. Paragraph: 029 Reference ID: 36-029-20140306. Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. 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. 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. It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. The power to make a TPO is contained in the Town and Country Planning Act 1990 and the Town and Country (Tree Preservation)(England) Regulations 2012. Paragraph: 083 Reference ID: 36-083-20150415, Revision date: 15 04 2015 See previous version. It will take only 2 minutes to fill in. Paragraph: 151 Reference ID: 36-151-20140306. 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. 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. They should consider first discussing their ideas with an arboriculturist or the authority’s tree officer. Tree protection does not prevent you working on your trees, but you do have to get consent from the Council first. Paragraph: 026 Reference ID: 36-026-20140306. People are not required to submit a section 211 notice to the local planning authority for: In either case, the diameter of the tree is to be measured over the bark of the tree at 1.5 metres above ground level. However, if the local planning authority believes, in the circumstances, that replacement trees should be planted, it should first try to persuade the landowner to comply with the duty voluntarily. Paragraph: 092 Reference ID: 36-092-20140306. 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. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard. Authorities and claimants are encouraged to try to reach an agreement. Tree owners, their agents and contractors, statutory undertakers and other bodies should take care not to exceed an exception. However, if the authority believes that some loss or damage is foreseeable, it should not grant consent automatically. Serious offences may be committed to trial in the Crown Court where, if … Paragraph: 106 Reference ID: 36-106-20140306. By default, consent is valid for 2 years beginning with the date of its grant. One example is work urgently necessary to remove an immediate risk of serious harm. It notifies the authority of proposed work on trees in a conservation area that are not subject to a Tree Preservation Order. Paragraph: 075 Reference ID: 36-075-20140306. The duty transfers to the new owner if the land changes hands. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. 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. The landowner will also be required to replace the tree. This exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. Paragraph: 122 Reference ID: 36-122-20140306. This order prevents the cutting down, topping or wilful destruction of a tree without the specific consent from the authority. Authorities can also consider other sources of risks to trees with significant amenity value. the authority has granted consent for felling in the course of forestry operations all or part of a woodland area to which an order applies; the Forestry Commission decides not to make any grant or loan under, decide not to make an Order and inform the person who gave notice that the work can go ahead; or. The area category is one way of protecting individual trees dispersed over an area. 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: 015 Reference ID: 36-015-20140306. It's also an offence to top, lop or wilfully damage a tree in a way that is likely to permanently damage or destroy it. Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. Paragraph: 104 Reference ID: 36-104-20140306. Paragraph: 157 Reference ID: 36-157-20140306. 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 prosecutor’s knowledge. We’ll send you a link to a feedback form. within 12 months of the date of the Secretary of State’s decision (if an appeal has been made). Paragraph: 121 Reference ID: 36-121-20140306. The principal purpose of a Tree Preservation Orders (TPO) is to preserve trees which are normally located on privately owned land. In some cases the authority may believe that certain trees are at risk as a result of development pressures and may consider, where this is in the interests of amenity, that it is expedient to make an Order. Paragraph: 054 Reference ID: 36-054-20140306. So the authority cannot: Paragraph: 118 Reference ID: 36-118-20140306. For more information on Tree Preservation Orders: D.E.T.R., 2000. Dacorum Borough Council has successfully prosecuted a housing developer for breaching a tree preservation order. Paragraph: 018 Reference ID: 36-018-20140306. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. It may be possible to bring a separate action for each tree cut down or damaged. Whether or not they make an Order, authorities can consider encouraging landowners to bring their woodlands into proper management under the grant schemes run by the Forestry Commission. Paragraph: 146 Reference ID: 36-146-20140306. For example: Paragraph: 100 Reference ID: 36-100-20140306. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. 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 landowner’s 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. Anyone considering challenging the validity of an Order in the High Court is advised to seek legal advice. Bournemouth Crown Court was told that Trevor Beale had destroyed the canopies of a Scots pine tree in a neighbouring garden and one in his own in order to increase the natural light on his property’s rear patio. 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. 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. It should explain why the authority is exercising the duty and what the landowner must do to comply with it. Where an authority considers there has been a breach of planning control and immediate action is required to stop an activity endangering the amenity of the area, Section 171E of the Town and Country Planning Act 1990 enables the authority to issue a temporary stop notice. The appellant may withdraw their appeal at any time. The local planning authority and the appellant normally meet their own expenses. However, the authority may decide to set a different time limit with a condition in the consent. Paragraph: 147 Reference ID: 36-147-20140306. ... All other breaches are subject to a fine of up to £2,500. Can apply for some or all of their responsibilities and options people and groups of trees record. Set a different time limit with a condition requiring replacement planting when granting under.: 099 Reference ID: 36-100-20140306 are protected vary considerably s effect will on! 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