Paragraph: 076 Reference ID: 36-076-20140306. A section 211 notice is not, and should not be treated as, an application for consent under an Order. Further details are available in the Planning Inspectorate’s appeals guidance. It makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy protected trees without prior written consent from your local authority. The Order will protect only those trees standing at the time it was made, so it may over time become difficult to be certain which trees are protected. 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. It is important that the information on the form makes clear what the proposed work is and provides adequate information to support the case. However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. Paragraph: 166 Reference ID: 36-166-20140306. The power to make a TPO is currently contained in the Town and Country Planning Act 1990 and the Town and Country (Tree Preservation) (England) Regulations 2012. Coventry has made over 460 Tree Preservation Orders. All trees in conservation areas are protected: see maps of our conservation areas. To help us improve GOV.UK, we’d like to know more about your visit today. In addition, authorities are encouraged to resurvey existing Orders which include the area category. decide not to make an Order and allow the 6-week notice period to end, after which the proposed work may be done within 2 years of the date of the notice. Only one application is needed to carry out a number of different activities on the same tree or to carry out activities on a number of trees. This duty also applies under section 206 if a tree (except a tree protected as part of a woodland) is removed, uprooted or destroyed because it is dead or presents an immediate risk of serious harm. It must endorse the original Order with a statement that it has been varied and specifying the date on which the variation order takes effect. Paragraph: 089 Reference ID: 36-089-20140306. 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). ‘Protecting trees in conservation areas’ gives guidance on the circumstances where a section 211 notice may be required. The Town and Country Planning Act 1990 and the Civil Procedure Rules 1998 set out the application process. However the authority’s liability is limited. However the authority can consider publicising a section 211 notice in order to seek the views of local residents, groups or authorities, particularly where there is likely to be public interest. Paragraph: 037 Reference ID: 36-037-20140306. Paragraph: 147 Reference ID: 36-147-20140306. information on any people with a legal interest in the land affected by the Order (further guidance can be found in, the tree’s or trees’ importance as a wildlife habitat; and/or. The requirements an authority must meet when varying an Order will depend on whether or not additional trees will be protected. ensure that appropriate expertise informs its decision. In deciding whether work to a tree or branch is urgently necessary because it presents an immediate risk of serious harm, the Secretary of State’s view is that there must be a present serious safety risk. These factors alone would not warrant making an Order. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. Paragraph: 086 Reference ID: 36-086-20140306. The authority may wish to provide information to help them resubmit an appropriate notice. However, the authority may decide to set a different time limit with a condition in the consent. 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. This must be at least 21 days from the site notice’s date of display. The authority should also take into account the legal duty to replace trees. Paragraph: 052 Reference ID: 36-052-20140306. These will also show you the conservation areas in the borough. The authority must notify the occupier at least 24 hours’ before entering a dwelling or occupied land. identify the trees and clearly set out the proposed work and the authority’s 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. Orders have been placed on more than 2,000 individual trees, 400 groups of trees and 30 woodlands. It will take only 2 minutes to fill in. It may be served electronically if the landowner has provided their electronic address to the authority (see section 329(1)(cc) of the Act). Failure to comply with a tree replacement notice is not an offence. The applicant is not necessarily required to provide a formal scaled location or site plan. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. Where appropriate, authorities should encourage single applications for regularly repeated operations and phased works or programmes of work on trees under good management. However, the authority’s 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. For example, an authority may wish to replace an Order containing an area classification with new Orders protecting individual trees or groups of trees. A general description of genera should be sufficient for areas of trees or woodlands. Paragraph: 078 Reference ID: 36-078-20140306. If a tree in a conservation area is removed, uprooted or destroyed in contravention of section 211 of the Town and Country Planning Act 1990, the landowner has a duty to plant another tree of an appropriate size and species at the same place as soon as he or she reasonably can. 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. The various grounds on which an appeal may be made are set out in Regulation 19. Objections and representations are duly made if: Paragraph: 034 Reference ID: 36-34-20140306. Paragraph: 019 Reference ID: 36-019-20140306. It is in offence to cause or permit prohibited tree work. This duty applies when an authority discharges its enforcement powers, including rights of entry, gathering samples from trees or of soil and taking statements. Section 207 of the Town and Country Planning Act 1990 gives local planning authorities the powers to enforce an unfulfilled duty under section 206 to replace trees or woodlands by serving on the landowner a ‘tree replacement notice’. Paragraph: 038 Reference ID: 36-038-20140306. Paragraph: 041 Reference ID: 36-041-20140306. For example, authorities should consider reviewing Orders protecting trees and woodlands affected by development or other change in land use since the Order was made. A Tree Preservation Order (TPO) is a legally enforceable order made by the Local Planning Authority, in this case Monmouthshire County Council (MCC), to protect trees and woodland in the interests of public amenity. It may be possible to bring a separate action for each tree cut down or damaged. The officer should also record other information that may be essential or helpful in the future. Otherwise the authority should acknowledge receipt of the notice in writing. specify the particular trees, groups of trees or woodlands in question; in the case of an objection, state the reasons for the objection; In a particular case, the authority is satisfied that compliance with the above requirements could not reasonably have been expected. The authority is responsible for enforcing all conditions in a consent, so its decision notice should clearly state the reasons for its conditions. 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. The authority may enforce this duty by serving a tree replacement notice. 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. 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. Safety has priority, but safety considerations may not necessitate removal of all dead branches on living trees or the whole of a dead tree. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. After deciding not to confirm an Order the authority must still record this decision on endorsing the Order. A section 211 notice does not have to be in any particular form. It must also notify people interested in the land affected by the variation Order. In these circumstances the authority is advised to vary the Order to bring it formally up to date. Information Tree Preservation Order (TPO) Content. Clearly it must be satisfied that the trees were protected at the time they were removed. Also, in some cases, accidental destruction of a protected tree is not an offence. But the plan must identify clearly the tree or trees in question and, where appropriate, should identify main features of property affected by the application. Paragraph: 005 Reference ID: 36-005-20140306. Tree Preservation Order Enforcement Policy | Tree Preservation Order Enforcement Policy | Bassetlaw District Council ... Records will be kept of formal cautions issued and will be referred to in court if the offender commits a further offence. Paragraph: 056 Reference ID: 36-056-20140306. 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. 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. In general terms, it follows that the higher the amenity value of the tree or woodland and the greater any negative impact of proposed works on amenity, the stronger the reasons needed before consent is granted. 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. Paragraph: 074 Reference ID: 36-074-20140306. For significant changes that alter the nature of a proposal, for example where consent is sought for felling instead of pruning, the applicant should withdraw the original application and submit a new one. Authorities are advised to only use this category as a temporary measure until they can fully assess and reclassify the trees in the area. Dataset of points - individual trees covered by Tree Preservation Orders. Local planning authorities have the statutory right to protect trees on public and private land from damage or destruction. People should not submit a section 211 notice until they are in a position to present clear proposals. attributable to that person’s failure to take reasonable steps to avert the loss or damage or mitigate its extent; loss or damage which, having regard to the application and the documents and particulars accompanying it, was not reasonably foreseeable when consent was refused or was granted subject to conditions; loss of development value or other diminution in the value of land; and/or.
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