It is not uncommon when purchasing properties to discover, either by the seller disclosing it or it being revealed in the Local Search, that they are subject to Tree Preservation Orders. A millionaire businessman who illegally chopped down 11 trees to make his back garden bigger has been taken to court. The area category is one way of protecting individual trees dispersed over an area. A TPO is a written order which, in general, makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order, or to cause or permit such actions, without the Local Authority’s permission. 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. It can also consider displaying site notices. Paragraph: 040 Reference ID: 36-040-20140306. To speak to a member of the team call 0845 287 0939 or email us today. Paragraph: 095 Reference ID: 36-095-20140306. If an authority identifies trees which it would have made subject to an Order but for the Forestry Commission’s interest in the land, it may ask the Commission to let it know when that interest in the land is likely to cease. Local planning authorities may make Orders in relation to land that they own. Judge Stephen Climie told Beale he had “enhanced the value of what was a property of already very substantial value indeed” and that failing to enter “even into the barest consultation” with his neighbour about the work was an aggravating factor. If the authority grants consent it will be for the applicant to get any necessary permission (for access to the land, for example) from the owner, before carrying out the work. The authority should discuss the issue with the landowner and offer relevant advice. An injunction is a court order prohibiting a person from taking a particular action.   A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. Where there is evidence that protected species such as bats may be present and might be affected by the proposed work the applicant, their agent and the authority should have regard to the relevant legislation and guidance. 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. To protect additional trees or make other significant changes the authority should consider either varying the Order after it has been confirmed or making a further Order. Paragraph: 133 Reference ID: 36-133-20140306. This exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. In addition, the authority may have to decide an application by a landowner asking it to dispense with the tree replacement duty. Paragraph: 077 Reference ID: 36-077-20140306. Paragraph: 131 Reference ID: 36-131-20140306. If trees merit protection in their own right, authorities should specify them as individual trees in the Order. They are liable, if convicted in the Magistrates’ Court, to a Level 3 fine (currently up to £1,000). A millionaire businessman who illegally chopped down 11 trees to make his back garden bigger has been taken to court. This case highlights the importance of observing Tree Preservation Orders and serves as an example of the potential consequences of breaching them. See the Planning Inspectorate’s detailed guidance on making an appeal and the associated form. 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. be worded precisely, so the applicant is left in no doubt about its interpretation and the authority is satisfied it can be enforced. be made to the authority on the standard application form published by the Secretary of State and available on the, include the information required by the form (the. 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. For other offences, the maximum fine is £2500. 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. It is important that the information on the form makes clear what the proposed work is and provides adequate information to support the case. The appellant or the authority may appeal to the High Court against the Secretary of State’s 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. Unless stated, this process applies to trees subject to a Tree Preservation Order and to trees in a conservation area that are not subject to an Order. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. Details on High Court challenges are in the Planning Inspectorate’s guidance on tree replacement appeals. Authorities can only confirm an Order within a 6 month period beginning with the date on which the Order was made. 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. The authority may wish to consult the Forestry Commission on the details of such a condition. David Matthews, 67, ignored Tree Preservation Orders (TPO) made by … time within which an application may be made to the High Court; and. It is essential that an application sets out clearly what work is proposed. 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. Paragraph: 019 Reference ID: 36-019-20140306. Public visibility alone will not be sufficient to warrant an Order. They may also decide not to confirm the Order, which will stop its effect. The principal purpose of a Tree Preservation Orders (TPO) is to preserve trees which are normally located on privately owned land. 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. A tree preservation order is an order made by a local planning authority to protect trees (either individual or groups of trees or woodlands). It may be possible to bring a separate action for each tree cut down or damaged. If the tree is in a conservation area or is the subject of a Tree Preservation Order, it is legally protected and you … 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. These Orders prohibit the: of protected trees without the local planning authority’s written consent. 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. A section 211 notice must describe the work proposed and include sufficient particulars to identify the tree or trees. Application to carry out work to protected trees. The local planning authority should consider including in the notice: Paragraph: 160 Reference ID: 36-160-20140306. It is a criminal offence to cut down, top, lop, uproot, wilfully damage, or destroy a protected tree. This file may not be suitable for users of assistive technology. 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. This is particularly important where repeated operations have been applied for. Special considerations apply in some of these circumstances. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. The standard form of Order includes a draft endorsement for variation. 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. The authority can deal with a section 211 notice in one of three ways. Paragraph: 165 Reference ID: 36-165-20140306. The authority should ensure that all notified parties are given at least 28 days from the date of the notice to submit their representations. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. Local planning authorities are encouraged to liaise with the Forestry Commission when considering making a Tree Preservation Order on land in which the Forestry Commission has an interest. Paragraph: 116 Reference ID: 36-116-20140306. The authority may go on to the land, plant the tree and recover from the landowner any reasonable expenses incurred. Further details are available in the Planning Inspectorate’s appeals guidance. Paragraph: 045 Reference ID: 36-045-20140306. It notifies the authority of proposed work on trees in a conservation area that are not subject to a Tree Preservation Order. Paragraph: 096 Reference ID: 36-096-20140306. In certain circumstances, compensation may be payable by the local planning authority for loss or damage which results from the authority refusing consent or granting consent with conditions. However, if work is proposed to trees other than those immediately affected by a proposed development then a separate section 211 notice should be submitted. require further approvals to be obtained from the person giving the consent; regulate the standard of the authorised work; allow repeated operations to be carried out (works may be carried out only once unless a condition specifies otherwise); and/or, impose a time limit on the duration of consent other than the. The authority must make a formal note of its final decision by endorsing the Order and recording the date. In urgent cases or where admission has been, or is reasonably expected to be, refused, a magistrate can issue a warrant enabling a duly authorised officer to enter land. guide the applicant generally about Tree Preservation Order procedures and the authority’s policies; and. Paragraph: 079 Reference ID: 36-079-20140306. 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 authority is advised to refer a section 211 notice containing insufficient or unclear information back to the person who submitted it. Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary. 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