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. VAT No. Yours faithfully, Kirsty Buxton Paragraph: 148 Reference ID: 36-148-20140306. 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. Otherwise the authority should acknowledge receipt of the notice in writing. Paragraph: 054 Reference ID: 36-054-20140306. The authority may use conditions or informatives attached to the permission to clarify this requirement. Orders covering a woodland protect the trees and saplings of whatever size within the identified area, including those planted or growing naturally after the Order was made. The Eurasian red squirrel (Sciurus vulgaris) is an emblematic species for conservation, and its decline in the British Isles exemplifies the impact that alien introductions can have on native ecosystems.Indeed, red squirrels in this region have declined dramatically over the last 60 years due to the spread of squirrelpox virus following the introduction of the gray squirrel (Sciurus carolinensis). Paragraph: 026 Reference ID: 36-026-20140306. Where an Authority intends to revoke an Order, it can consider notifying or consulting local people and groups, authorities and organisations. A Tree Preservation Order, or TPO, is usually made by a local planning authority (often the local council) to protect a specific tree or woodland from deliberate damage and destruction. However, when considering protecting trees on Crown land authorities are advised to discuss the matter with that body. Paragraph: 116 Reference ID: 36-116-20140306. Authorities cannot confirm an Order unless they have first considered any duly made objections or other representations. Paragraph: 087 Reference ID: 36-087-20140306. Paragraph: 047 Reference ID: 36-047-20140306. 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. In the event of permission being withheld, the applicant has a right of appeal to the Secretary of State. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. We use cookies to collect information about how you use data.gov.uk. protected areas are calculated from the information collected from the tree survey - see BS5837 (2012). Theyll let you know the next steps. Paragraph: 138 Reference ID: 36-138-20140306. Prior discussion with the applicant should help the authority to set a mutually acceptable condition that makes clear the number, size, species and location of the replacement trees and the period within which they are to be planted. Only one copy of each application document needs to be submitted. 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. Find local businesses, view maps and get driving directions in Google Maps. This notice can require either an activity to cease or the level of an activity to be reduced or minimised. Paragraph: 124 Reference ID: 36-124-20140306. any further information requested by the Inspector. Trees and hedges are a key element of our countryside, but they also have a major part to play in urban areas. Paragraph: 164 Reference ID: 36-164-20140306. apply for permission Contact the planning applications team Please note, planning phone lines will only be open from 10am to 12pm Monday to Friday from Monday 16. 2020 to 2021 - Cann Hall, Cathall, Leyton, Grove Green, Leytonstone, Forest. Street tree maintenance. If the danger is not immediate the tree does not come within the meaning of the exception. It is preferable to undertake any approved felling or surgery prior to commencement of building operations once planning approval has been granted. Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area (if that tree is not already protected by an Order), or causes or permits such work, without giving a section 211 notice (or otherwise contravenes section 211 of the Town and Country Planning Act 1990) is guilty of an offence, unless an exception applies. Paragraph: 084 Reference ID: 36-084-20140306. 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. These grow on privately owned land and include trees protected by. BCP_Boundary. Paragraph: 142 Reference ID: 36-142-20140306. The duty transfers to the new owner if the land changes hands. Remember that there may be a legal obligation to retain certain trees, including the replacement of dead and/or dying trees in classes C or R. Particular care and attention should be given to veteran and aged trees. Trees should be cut back to at least 0.5m behind the kerb line, to a clear height of 5.2m above the carriageway. 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. When faced with what they believe are unauthorised works to protected trees, local authorities may: Paragraph: 141 Reference ID: 36-141-20140306. Nevertheless, the authority should ensure that a valid Order exists, that the tree in question was clearly protected by it and that it has carried out its statutory functions properly and complied with all procedural requirements. Also, in some cases, accidental destruction of a protected tree is not an offence. The most important part of a tree, its roots, are hidden. The Planning Inspectorate deals with most appeals through a written representations appeal procedure. Tree and Environment Team for East Dorset Email: treeteameast@dorsetcouncil.gov.uk Tel: 01202 228820 Full contact details Highway trees Highway trees are located on or adjacent to public. You may need to look at the Standards document to make sense of table. If an Order is made, in addition to fulfilling the usual statutory requirements, the authority should also provide a copy of the new Order to any agent who submitted the section 211 notice. Paragraph: 044 Reference ID: 36-044-20140306. Tree Preservation Orders (TPOs) and trees in conservation areas A TPO is a legal document made, administered and enforced by us as the local planning authority. Flowchart 2 shows the process for revoking Orders. Protected Trees. Most Woodland Trust woods are certified to FSC standards by the Soil Association. To carry out any works on a tree subject to a TPO, an application must be made to us. The local authority should make a formal variation order that identifies the Order being varied, the variations made and the date the variation order is made. In addition, a confirmed Order should be recorded promptly in the local land charges register as a charge on the land on which the trees are standing. Local planning authorities have powers to vary (change) or revoke (cancel) their Orders. See guidance on tree size in conservation areas. Foraging: what to look out for each month, Woodland Walks podcast with Adam Shaw and Tristan Gooley, How to increase biodiversity in your garden, How to tell male and female ospreys apart, Collect Nectar points with Woodland Trust membership, Areas of Outstanding Natural Beauty (AONB), protected under the Countryside and Rights of Way Act 2000. Paragraph: 149 Reference ID: 36-149-20140306. 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. If the necessary requirements are met, the authority should validate the application. The duty is to plant the same number of trees: Where the duty arises under section 206, those trees planted within the woodland specified in the Order will be automatically protected by the original Order. 3. Authorities should consider publicising successful prosecutions to help maximise their deterrent value. Paragraph: 121 Reference ID: 36-121-20140306. However, the authoritys consent is not needed before pruning any tree cultivated for the production of fruit, as long as the work is carried out in accordance with good horticultural practice. How many complaints have been received by the police in relation to damage/removal of tree/s protected by a Tree Preservation Order. In such cases authorities should bear in mind any unfinished matters relating to the old Order. Anyone carrying out work to a tree, even under an exception, should ensure they do not contravene laws protecting wildlife. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. In an ideal situation the information provided will be acceptable, in other cases changes may be recommended, or additional information required. Next, in Category: select NATURAL. 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: 039 Reference ID: 36-039-20140306. The following table outlines the requirements of the British Standard. Hybrid Map. Negotiation may enable the authority to ensure that remedial works to repair, or reduce the impact of, unauthorised works to a protected tree are carried out. For example, planning applications for a single conservatory may not require the level of detail that needs to accompany a planning application for the development of a site with one or more dwellings. 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. Paragraph: 031 Reference ID: 36-031-20140306. The authority must keep a register of all applications for consent under an Order. 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. Find out about Tree Preservation Orders in Dorset, Advice and guidance on the protection and maintenance of hedgerows, Maintenance of council tree stock and commercial services we offer, Advice on trees when it comes to development and planning applications, Information on carrying out work on trees in conservation areas, Information and advice about ash dieback disease, You may be able to complain to us if your neighbour has a high hedge and you cannot resolve the problem between you. Details of Tree Preservation Orders, Conservation Areas, Planning Conditions. Survey information should include: ref number, species, height, stem diameter, branch spread at four cardinal points, crown clearance height, age class, condition, management recommendations, life expectancy, and British Standard (BS) categorisation. Authorities considering making an Order on or near civil or military aerodromes are advised to consult the owner or operator, or the Ministry of Defence. Planning policies offer some protection from development. Paragraph: 069 Reference ID: 36-069-20140306. Flowchart 4 shows the decision-making process regarding compensation. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. One consideration would be to look at what is likely to happen, such as injury to a passing pedestrian. It is important to identify these trees early in the planning process and to successfully incorporate them into the new environment. 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. Any necessary minor clarification should be confirmed in writing by the applicant either in a separate letter or by modifying the original application. It is an offence to cut down or damage a protected tree.
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