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GB520 6111 04. There are strict deadlines within which costs applications must be made. Authorities must not consider applications that do not meet the applicable procedural requirements. It may be expedient to make an Order if the authority believes there is a risk of trees being felled, pruned or damaged in ways which would have a significant impact on the amenity of the area. Trees and woods are recognised in planning policies throughout the UK for their benefits to people and nature. The following table outlines the requirements of the British Standard. View on Google Maps Opening hours: Monday to Thursday 8:30 - 17:00 . Paragraph: 104 Reference ID: 36-104-20140306. 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. When considering an application the authority is advised to: Authorities should bear in mind that they may be liable to pay compensation for loss or damage as a result of refusing consent or granting consent subject to conditions. This is because the purpose of the Order is to safeguard the woodland as a whole, which depends on regeneration or new planting. Next, in Category: select NATURAL. Details should also be included of the depth and width of any excavations and level changes necessary to implement the above. While not specifically protected under the EU Directives, Ramsar sites have equal protection in UK law. Protected trees - Durham County Council The authority should use its power to impose conditions to ensure that tree work or planting is carried out in accordance with good arboricultural practice. In most cases a pre-commencement site visit will be required where details of working procedures in respect of tree protection will be finalised. Paragraph: 153 Reference ID: 36-153-20140306. protected areas are calculated from the information collected from the tree survey - see BS5837 (2012). 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: 027 Reference ID: 36-027-20140306. PDF Tree Preservation Orders With Objections The local planning authority may also impose a condition requiring replacement planting when granting consent under an Order for the removal of trees. Trees that. The authority cannot validate an application that does not satisfy the necessary requirements. Check out our useful resources. If this deadline is missed and an authority still considers protection necessary it will have to make a new Order. The authority must keep a register of all applications for consent under an Order. The authority must serve a copy of the variation Order on such people along with a statement explaining the effect of the variation. It should also consider whether it is in the public interest to prosecute some or all of the individuals implicated in the offence. Any combination of these categories may be used in a single Order. consider, in the light of this assessment, whether or not the proposal is justified, having regard to the reasons and additional information put forward in support of it; consider whether any requirements apply in regard to protected species; consider other material considerations, including development plan policies where relevant; and. Jonathan Swift, Gulliver's Travels Tree Preservation Orders 1.1 A tree preservation order (referred to in this Guide as a 'TPO') is an order made by a 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. 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. These appeals are handled by the Planning Inspectorate on the Secretary of States behalf. Paragraph: 165 Reference ID: 36-165-20140306. 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. More information about tree replacement can be found at paragraph 151. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. These are: Trees may be protected by TPOs or other legal procedures to make sure that they are not lost or damaged needlessly. The local planning authority has powers only to enforce the duty to plant one tree to replace one other. Paragraph: 131 Reference ID: 36-131-20140306. If you are planning to. 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: 031 Reference ID: 36-031-20140306. Paragraph: 114 Reference ID: 36-114-20140306. All trees, regardless of species, are protected by theconservation areastatus as long as the trunk diameter is greater than 75mm when measured at 1.5m above ground level. Temporary access through Root Protection Areas may be achieved using appropriate ground protection and fencing. An exception may exempt landowners or their agents from the normal requirement to seek the local planning authoritys consent before carrying out work on trees subject to an Order. Tree Preservation Orders. Paragraph: 166 Reference ID: 36-166-20140306. They should demonstrate that the proposal is a proportionate solution to their concerns and meets the requirements of sound arboriculture. The provisions for ensuring the repair or upkeep of listed buildings can be applied to unlisted buildings within a conservation area providing the preservation of the building is . Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. Google Maps For example, changes in property ownership and intentions to fell trees are not always known in advance, so it may sometimes be appropriate to proactively make Orders as a precaution. If so, please may I have a copy of all the up to date data relating to TPOs from any databases you hold regarding them for this area. Sections 214B, 214C and 214D of the Town and Country Planning Act 1990 set out provisions relating to rights of entry in respect of protected trees. 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. Protected trees, listed buildings and conservation areas There are 48 conservation areas in the Bournemouth, Christchurch and Poole area. However, the authoritys consent is required for work on trees subject to an Order if: The authoritys consent is also required, for example, for work on trees protected by an Order that is necessary to implement permitted development rights under the Town and Country Planning (General Permitted Development) Order 2015. 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. 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. 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. 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. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. Where the order relates to a group of trees, shall specify the number of trees of each species in the group. How can I find out if the trees within my ownership are protected? 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. Where appropriate Tree Preservation Orders (TPOs) will be made to ensure that significant trees which have amenity value are retained. 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. These orders are made and managed by local authorities. The area category is one way of protecting individual trees dispersed over an area. TPOs prohibit felling and damage to trees without the written consent of the local planning authority. 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. Tree Preservation Orders the possibility of a wider deterrent effect. Before carrying out work they believe is exempt, they may wish to obtain advice from a qualified arboriculturist and/or confirmation from the authority of what is and what is not required. My house: list services and information near you My maps: show services and information as pins on an interactive map. These exceptions include certain work: Paragraph: 060 Reference ID: 36-060-20140306. Trees | Test Valley Borough Council A Tree Preservation Order is an order made by us to protect trees or woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public. 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. In such cases authorities should bear in mind any unfinished matters relating to the old Order. If you want to report a tree you think is dangerous or need advice onwhether a specific tree is covered by a TPO please tell us its location. Paragraph: 020 Reference ID: 36-020-20140306. Tree Preservation Orders are imposed in order to protect selected trees or woodland if their removal is likely to have significant impact on the local environment and its enjoyment by the public.

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