A Tree Preservation Order (TPO) is a legal instrument made by the Local Planning Authority which makes it a criminal offence to cut down, prune, uproot, willfully damage or destroy a tree without written consent from the Local Planning Authority.N.B. However, if you are simply repeating your application you may be asked to provide evidence that the circumstances have changed since you last applied. https://ico.org.uk/. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. A Tree Preservation Orders (TPO) is the legal mechanism to protect and preserve trees for public enjoyment, environmental and aesthetic purposes. If you are concerned about a particular tree in your area and would like us to consider making a Tree Preservation Order then please email planning@solihull.gov.ukproviding the following details: 1. details of the location of the tree, including a sketch plan showing the position of the tree 2. the species of the tree 3. the reasons why you would like the see the tree preserved We will then make a formal assessment of the tree assessing: 1. amenity - including the condition of the tree, the retention span and public visibilit… Bristol The Town and Country Planning (Tree Preservation) (England) Regulations 2012. An appeal decision can be challenged by applying to the High Court for a review under s288 of the Town and Country Planning Act 1990, which could lead to the quashing of the decision and reconsideration of the appeal. Felling or working on a dead or dangerous tree. An application to “cut back” or “lop” some branches will be considered to be too vague and would be turned away because it doesn’t indicate the extent of the works. Bristol The personal information that we use is provided to us by the parties making, or taking part, in that case. You can change your cookie settings at any time. Tree removal in non-rural areas (e.g. A TPO can apply to a single tree, a group of trees or woodland. We will do our best to avoid any dates that you tell us are not convenient, but we cannot guarantee that we will be able to find a more convenient day. Bristol BS1 6PN, email: feedback@planninginspectorate.gov.uk. You should keep an additional copy of your appeal form and supporting documents for your own reference. However, PINS cannot reconsider your appeal if the decision has already been issued unless the decision is overturned in the High Court (see section 19 below). BS1 6PN, e-mail: treeandhedgeappeals@planninginspectorate.gov.uk The personal information normally includes name and contact details and any other personal information within the representations themselves. We are the Planning Inspectorate, an agency sponsored by the Ministry of Housing, Communities and Local Government. In processing a TPO appeal, we receive information from the appellant, LPA and other interested people who provide appeal representations. If the appointed Inspector considers that a ‘combined procedure’ is appropriate, the parties may be invited to comment before a decision on any ‘combined procedure’ is finalised. Temple Quay Your statement of case and the council’s will be despatched by us to the other party at the same time. Where possible we would prefer appeals to be made electronically however we do accept printed copies but this may delay the processing of the case, and these can be sent to, Tree and Hedges We’ll send you a link to a feedback form. The team will also answer general queries on appeal procedures and on the progress of specific cases. the council’s failure to agree a matter that required their agreement under the terms of a condition of consent. Where there is a need for both the appellant and the council to be present at the site visit, an accompanied site visit will be arranged. In Scotland, similar provision is made under the Town and Country Planning (Scotland) Act 1997 (amended by the Planning etc. A tree preservation order (TPO) is a part of town and country planning in the United Kingdom. This means that if the reason you submitted on your application form was that the tree was causing overshadowing, you should not, on appeal make a claim that tree roots are causing subsidence. If you choose to be heard at a hearing you must meet your own preparation costs and any loss of income brought about by your attendance at the event. Unless a shorter period of notice is agreed with you and the council we will give at least 4 weeks notice of the arrangements for a hearing. The start letter will confirm the contact details of the case officer who will process your appeal, and the procedure to be adopted. We may require the council to place a notice of a hearing in a local newspaper not less than 2 weeks before the hearing is due to open. You must use this opportunity to ask questions only. The information requested must be submitted within the period we specify and, unless you/the council can provide exceptional reasons for not being able to meet a deadline, we will reject submissions that are received after the specified period. A letter and a copy of the document is sent to all owners and to Forestry Scotland. The council, as soon as is practicable after receiving notification from you of your appeal, will send us the following documents: the application for consent, the decision of the council, if any, including any condition(s) made by the council in relation to the decision. The decision on the costs application will be issued at the same time as the appeal decision is despatched. We try to keep this as up to date as possible, but please make sure to confirm that your tree is not protected before carrying out any works. When we are satisfied that we have all the relevant documentation, we will pass the appeal file to the Inspector who will conduct a site inspection, unless we decide that a site visit is unnecessary, but this will happen very rarely. As soon as is reasonably practicable, after receiving an appeal, we will send the council a questionnaire which we shall copy to you. If a tree is protected by a Tree Preservation Order, you CANNOT do any of the following without consent: fell or uproot the tree Applications for costs made after the hearing or inquiry has closed are only accepted in very exceptional circumstances. A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. Although we have discretion to accept late appeals, this is only exercised when an appellant has very exceptional reasons for having been unable to comply with the statutory timetable. This document contains revised guidance on the ability to combine appeal procedures introduced by the Business and Planning Act 2020. Temple Quay If your application/appeal does not specify the proposed works clearly enough it will be deemed invalid and we will turn it away. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. Data Manager Its primary function is to determine appeals. We will also look at the original application to check that it clearly specifies the proposed work. Where we are satisfied that there are no exceptional reasons, we will reject any late appeal. Each party will only get the full benefits of the hearing if you, the council and the Inspector have an opportunity to consider the issues beforehand. If the tree cannot adequately be viewed from public land the Inspector will need to be given access and we will write to ask you either to be there yourself, or to arrange for a relative or friend to be there, simply to facilitate access to the tree (s). An appeal to the Secretary of State must be triggered by a decision issued by a council in response to an application for consent to cut down or carry out work on a protected tree, or by that council’s failure to issue a decision within 8 weeks of the date on which the application was received. You may also obtain a form. 3H Hawk Wing In Scotland TPOs can also be used to protect trees of historic or cultural significance. Exceptionally we may be able to accept your appeal even if you are seeking a variation to the works originally applied for. If you fail to provide us with information required to validate your case then we may not be able to consider it. Appeals proceeding by the written representations route will not normally be combined with other procedures and will follow the written representations procedure. You and the council have a right to be heard before an Inspector at either a hearing or inquiry. This guidance is issued by PINS and explains how and when an appeal must be made, and how we will deal with it. 15 (1967) A947, Banff Road, Turriff. For instance, you may have originally applied for consent to crown thin a tree by reducing the percentage of leaf area by 40%, whereas on appeal you may seek a lesser reduction of 20%. When you’ve found the tree(s), you’ll be able to view the tree preservation order document in full. Comprehensive guidance on the award of costs is set out in the Planning Practice Guidance suite. When we receive your appeal, we will check that you have completed the form correctly, that you have a right of appeal against the decision in question (see section 2) and that it has been received within the statutory deadline. However, if you have concerns over the use of your personal information, or wish to exercise your rights, then please contact us at the address below. Where we do so, contracts will be put in place to ensure that your personal information is processed only as instructed by us (unless otherwise required by law), and that appropriate measures are in place to ensure the security of information. Don’t include personal or financial information like your National Insurance number or credit card details. A tree is protected if it is covered by a Tree Preservation Order (TPO), which is made by Mole Valley District Council (MVDC), or if it is located within a Conservation Area. It is your responsibility to ensure that the representations that you submit are appropriate to the appeal. if you are objecting to the Forestry Commission’s refusal of a felling licence application (even where the tree in question is covered by a TPO), within 28 days of the date of the council’s decision, or any later date set out in it, at any time after the date upon which the council’s 8 week determination period expires if they have failed to issue a decision, the Inspector will introduce him/herself. The Planning Inspectorate - who we are and what we do, Tree preservation order appeals: procedure guide, nationalarchives.gov.uk/doc/open-government-licence/version/3, treeandhedgeappeals@planninginspectorate.gov.uk, award of costs is set out in the Planning Practice Guidance suite, https://www.gov.uk/government/organisations/planning-inspectorate, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, any condition attached to the council’s consent, the council’s refusal/failure to notify the applicant of their decision within 8 weeks from the date they received the application, (in these circumstances the application is deemed to have been refused). Your statement of case should be concise and should concentrate on the main issues. We do not normally redact contact information or other information when copying information to other parties - and you should only submit information on that basis. These Orders prohibit the: The Business and Planning Act 2020 provides greater flexibility, allowing appeal procedures to be combined.1 Therefore, if we decide initially that an appeal should be dealt with through a hearing or an inquiry, the appointed Inspector may subsequently also consider, based on the submitted evidence and relevant issues, whether a ‘combined procedure’ might be appropriate, on an issue by issue basis. They will investigate your complaint and will reply as soon as possible. A tree preservation order (TPO) in Castor has been approved. Although there is no charge for submitting appeals, they are expensive to administer and time-consuming for everyone and so should not be made lightly. You must tell us about works to trees within a conservation area with a trunk diameter of 75mm or … There is no statutory obligation on interested parties to participate in a case. All representations that have been received within the specified time will be copied to you and the council once the 6-week deadline has passed. If it becomes apparent that the inquiry procedure is unsuitable, we may change it to a hearing, written procedure or combined procedure at any point before a decision on the appeal is made. The Inspector may proceed to a decision in the absence of any representations if it appears to him/her that there is sufficient information to enable a determination to be made. Your application must be supported by a full statement on why an award of costs is considered justified. The Inspector will only consider the matters that were before your council when the decision on your application was made. The Inspector will usually adjourn the hearing to the site and allow further discussion to take place there before closing it. All content is available under the Open Government Licence v3.0, except where otherwise stated. However, this is subject to any notification and procedural requirements, and provided always that we cannot impose an exclusively written procedure, if you or the council have exercised your right to be heard. The Council must confirm a Tree Preservation Order within six months of the original date it was served on. 3A Eagle Wing You do not need to submit the documents already held by the council because they will be forwarded to us at a later stage (see section 7 of this guidance). Your appeal should be made on the relevant TPO (consents) appeal form obtained from PINS. We will normally let you know if this applies. If you do not understand the reasoning set out in the council’s decision you should ask them for clarification before deciding whether to lodge an appeal. However, if it becomes apparent that an appeal is not suitable to proceed via that procedure, we may determine, during the course of the appeal, that a hearing or inquiry should be held, or that a ‘combined procedure’ would be appropriate, which could itself include a written representations element, as described above. Issues resolved in this manner may ultimately lead to the withdrawal of the appeal saving resources for all parties involved. However, a written application may be made if the party who asked for the hearing causes its cancellation at a late stage by requesting a change of procedure or by withdrawing the appeal, thus causing the other party unnecessary expense in preparing for it. We do not accept anonymous representations, but you may ask for your name and address to be withheld. The statement of case may be used, in whole or in part, for reference at the hearing and by the Inspector in writing his/her decision. Customer Quality Unit 2 The Square Current tree preservation orders in England and Wales are made under the Town and Country Planning Act 1990 and the Town and Country Planning (Tree Preservation) (England) Regulations 2012.[1]. As soon as practicable after receipt of all of the necessary information we will write to you and to the council to give notice of the start date for your appeal. However, to avoid the possibility of us having to conclude that the changes are for more works or are too extensive to be considered it is recommended that you submit an application to the council for any additional works rather than seek to amend your original application at appeal stage. The procedures are the same as set out above for the hearing procedure (see section 11) but additionally there will be an opportunity to submit a proof of evidence. Normally this requirement is fulfilled by obtaining a report by a qualified person made before the works are done. If confirmed, this Order will revoke the Aberdeen County Council (ACC) Tree Preservation Order No. When validated we will issue a reference number which you should use at all times. A site visit will be undertaken regardless of the procedure unless, due to very exceptional circumstances, we decide that an inspection is not required. Telephone: 0303 444 5570. The procedure at the Inquiry will be determined by the Inspector who conducts it, however, as a general guide, it will normally take the following form: As indicated in section 6, we will keep the determined procedure under review. The council may also notify any third parties who commented on your application that you have lodged an appeal and that they may also submit representations to us. Our processing of any special category data (if any is provided) is on a similar basis, being necessary for reasons of the substantial public interest in exercise of our official function of administering and determining cases. The Department for Communities and Local Government (CLG) has issued guidance about Tree Preservation Orders as part of the Planning Practice Guidance suite. In determining the appeal the Inspector may allow it, either in total or in part, or dismiss it. At 2019 the Welsh assembly is proposing separate Welsh legislation. 2 The Square What are the consequences of failing to provide your information? There are also explicit statutory/legal obligations on us in respect of that casework. The Scottish Government's preferred Model Order is contained within Annex A. The decision will not go into the actual amount of costs involved – only the principle and what the award is broadly for. You can access the guidance via the internet: Tree Preservation Orders and trees in conservation areas Planning Practice Guidance. When submitting an appeal electronically please do not send an additional paper copy. residential) Prescribed Vegetation is protected in non-rural areas under State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and Council's Development Control Plan - Section A16 Preservation … If necessary, the Inspector may request further information after the site inspection has taken place. The Inspector’s decision in respect of the tree is final and applies not only to the current owners but also to any future owners of the tree(s), as well as anyone who has applied for or intends to implement the decision. A Tree Preservation Order (TPO) is a written order made by the Council to protect certain important trees, tree groups or woodlands. They can be made very quickly and in practice it is normal for a council to make an emergency TPO in less than a day in cases of immediate danger to trees. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. It follows that statutory review can only be used to challenge the way in which the Inspector has interpreted the law in making the decision or if the relevant statutory requirements have not been complied with such that they were seriously defective. Regulation 19 gives people who are unhappy with a council’s decision a right of appeal to the Secretary of State. Regardless of who is speaking, the Inspector may refuse to hear evidence that is irrelevant or repetitious or offensive, the council calls their witnesses in turn to give evidence. 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. However, an application for an award of costs may be made by a party on the grounds that the other party’s unreasonable behaviour has caused the person applying for costs unnecessary expense. This guidance relates only to appeals in England. TPOs make the felling, lopping, topping, uprooting or otherwise willful damaging of trees without the permission of the local planning authority a legal offence, although different TPOs have different degrees of protection. In such cases a written application should be submitted within 4 weeks from the date on which notice of the cancellation is given. For this reason you and the council will only be able to refuse one date offered for the hearing. Where the answer to this question is yes an unaccompanied site visit will be arranged. We expect both you and the council to have given us all evidence in the grounds of appeal and statements of case, so the opportunity to comment at 8 weeks must not be used as a means of introducing new material or putting forward arguments that should have been included in your 6-week statement. The information provided to us is used to determine the case. Within 2 weeks of the start date the council must have provided us with a copy of the completed questionnaire together with all of the documents listed on it which they indicate are being submitted to the Inspector for consideration. You can withdraw your appeal at any time. SK9 5AF, Telephone: 0303 123 1113 or 01625 545 745 However, this is subject to any notification and procedural requirements, and provided always that we cannot impose an exclusively written procedure, if you or the council have exercised your right to be heard. 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