You will find more detailed information about the Planning Inspectorate at: https://www.gov.uk/government/organisations/planning-inspectorate and in the Inspectorate’s Annual Report and Accounts which can be found on the website or bought from Government bookshops. You can withdraw your appeal at any time. Protected trees: a guide to tree preservation procedures, file type: PDF, file size: 76 KB PDF 76 KB If you need a more accessible version of this document please email digital@gov.wales. 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. If the tree(s) in question is not situated in a garden but in a wood or park or on farmland we will ensure that all parties who are permitted to attend receive clear instructions about where to meet the Inspector. If we decide that the works you have applied for are so vague that we cannot be sure how much work is involved, we may decide that the appeal is invalid and reject it. If a party fails to turn up on the appointed day the Inspector will decide the best course of action, which may mean that the visit is aborted and would have to be rearranged. The completed appeal form and any supporting documents must be received by PINS. Regulation 16 of the Town and Country Planning (Tree Preservation)(England) Regulations 2012 – SI 2012 605 gives local authorities (this may be a district council or a unitary authority but we will call them “councils”) powers to deal with applications for consent to carry out works on or remove trees protected by preservation orders, to make decisions and issue consents with or without conditions. We will only be able to do so if the changes do not materially alter the nature of the application and no one who should have been consulted would be prejudiced by our doing so. This procedure aims to reduce the length of time for a decision to be made and is one that we would recommend for most cases. This publication is available at https://www.gov.uk/government/publications/tree-preservation-order-procedure-guide/tree-preservation-orders-consents-for-works-a-guide-for-appellants, Appeals under Regulation 19 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. Any costs application made by the council will be required to be submitted to us on or before the date on which the completed questionnaire is returned to us. A hearing is a round table discussion which is led by the Inspector. Tree Preservation Orders (TPOs) Tree Preservation Orders (TPOs) are made by local authorities and make it an offence to cut down, prune or otherwise damage a tree. At any PIM you will normally be required to agree a statement of common ground. We may correct errors in decisions provided the error is not part of the reasoning that supports the decision. Bristol 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… A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. When submitting an appeal electronically please do not send an additional paper copy. The Planning Inspectorate He/she will then explain how the inquiry will continue, the Inspector will then identify the likely main issues – again referring to the preinquiry meeting if there was one, and the position on the receipt of proofs of evidence, you (or your representative) and the council may be invited to make a brief opening statement of not more than 15 minutes, the council will give evidence first and you will then have the right to make your case in full. We may issue a correction notice if we receive a request from any party in writing but when doing so will first seek the written permission of the applicant/landowner. A site visit will be undertaken regardless of the procedure unless, due to very exceptional circumstances, we decide that an inspection is not required. At the hearing or inquiry the Inspector will hear the application, and any response from the party from whom costs are being sought, and will write a separate decision on it. 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. You can change your cookie settings at any time. If you are unable to attend on the date fixed for your hearing, you should consider sending somebody to present your case for you. 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. If your appeal is to be heard a costs application, regardless who is making it, should be submitted in writing before the hearing or inquiry is opened, but all applications must be made before the hearing or inquiry is closed. This means that fruit trees are not automatically exempt unless they are actively being used for a business. 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. We will notify you, the council, and, where appropriate, the owner/occupier of the land where the tree is situated of the Inspector’s decision as soon as possible. You and the council have a right to be heard before an Inspector at either a hearing or inquiry. The personal information normally includes name and contact details and any other personal information within the representations themselves. an official decision that a building or area has special value and must be kept in good condition: This avenue of mature trees has a preservation order on it. We’ll send you a link to a feedback form. 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. We also advise you to continue a dialogue with the council, and any other parties involved in the process, after you have made your appeal because you may reach agreement on an alternative solution. Data Manager The start letter will confirm the contact details of the case officer who will process your appeal, and the procedure to be adopted. Your appeal should relate to the same works as those specified in your application to the council. You will need to show that the council’s decision on your application was unreasonably made on the information available to them at the time. When you’ve found the tree(s), you’ll be able to view the tree preservation order document in full. If you want to make a different case for the work applied for you should make a fresh application to the council. 3rd Floor Temple Quay House To help us improve GOV.UK, we’d like to know more about your visit today. It should set out the key facts, reasoning and conclusions necessary to make your case in a logical form. 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. Any size, species or age of tree can be protected by a TPO. You, or an agent acting on your behalf, can appeal if you were the person who made the application for the works on the tree. There is no statutory obligation on interested parties to participate in a case. We do not accept anonymous representations, but you may ask for your name and address to be withheld. Where we are satisfied that there are no exceptional reasons, we will reject any late appeal. The Inspector will usually adjourn the hearing to the site and allow further discussion to take place there before closing it. In the majority of cases, TPOs are made where it has been clearly demonstrated that trees of public amenity significance are under threat of damage or removal. 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 Scottish Government's preferred Model Order is contained within Annex A. This guidance relates only to appeals in England. The Customer Quality Unit will reply to you, or they will ask someone else within PINS to reply if they have specialist knowledge of the issues raised. Customer Quality Unit If, at any stage of the appeal process, we, or the Inspector, decide further information is required we will write to you and/or the council to request it. The Inspector will only consider the matters that were before your council when the decision on your application was made. Works at the request of certain agencies or organisations which are specified in the order. The statement does not have to be in any particular format and it can be submitted on paper or electronically. 2 The Square This guidance sets out the procedures for appeals made to the Secretary of State under regulation 19 of The Town and Country Planning (Tree Preservation) (England) Regulations 2012 … Temple Quay House You should keep an additional copy of your appeal form and supporting documents for your own reference. We use cookies to collect information about how you use GOV.UK. In Scotland TPOs can also be used to protect trees of historic or cultural significance. What are the consequences of failing to provide your information? Whichever procedure is used will have no bearing on the quality of the decision which will be based entirely on the merits of the case. Wycliffe House Telephone: 0303 444 5570. You should be aware that the information provided is copied to other parties and can be made publicly available. The decision on the costs application will be issued at the same time as the appeal decision is despatched. To be successful you would have to show that a serious mistake e.g. We will reject and return representations received at this stage if they raise new issues. Third parties will not normally be invited to a site visit unless the tree is on their property or there is a need for the Inspector to view the tree from their property. 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. This guidance sets out the procedures for appeals made to the Secretary of State under regulation 19 of The Town and Country Planning (Tree Preservation) (England) Regulations 2012 against decisions issued by councils in respect of applications for consent to cut down or carry out work on a tree protected by a tree preservation order. 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. It is more informal and usually quicker than an inquiry and the Inspector will encourage the parties to focus upon the main issues of disagreement. 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. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010 make provision for the form Forms should be returned to us electronically by e-mail to: treeandhedgeappeals@planninginspectorate.gov.uk. Within 8 weeks of the start date you and the council may comment on each other’s statements made before the 6-week deadline and on any comments submitted by third parties. A tree preservation order (TPO) is a part of town and country planning in the United Kingdom. Issues resolved in this manner may ultimately lead to the withdrawal of the appeal saving resources for all parties involved. 3H Hawk Wing We must receive your statement of case, which sets out your side of the argument, within 6 weeks of the start date unless you intend to rely only upon the grounds that you entered onto your appeal form. 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. 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. Water Lane Only the reasons within the council’s decision and reiterating any reasons put forward by you at the application stage which have not been addressed by the council’s decision can be included on your appeal form. We administer and determine tree preservation appeals on behalf of the Secretary of State for Housing, Communities and Local Government. It will take only 2 minutes to fill in. In processing a TPO appeal, we receive information from the appellant, LPA and other interested people who provide appeal representations. A letter and a copy of the document is sent to all owners and to Forestry Scotland. The hearing can then be an open discussion of the main issues without witnesses having to be examined. Order confirmed Parties informed. You must tell us about works to trees within a conservation area with a trunk diameter of 75mm or … 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. A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands. 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%. 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 tree to be planted pursuant to a condition imposed under paragraph (a) of section 197 (planning permission to include appropriate provision for preservation and planting of trees), this Order takes effect as from the time when the tree is planted. If the Inspector considers that you are making a statement rather than asking questions, or if your questions are repetitive, he/she will stop you. In these circumstances the original decision issued by the council will again become live and any conditions to which it is subject will take effect from the date the appeal is withdrawn. This privacy notice provides information about our processing of personal information in respect of tree preservation casework in England. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. 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). Tree and Hedges It also creates a duty to replant a tree removed without consent. For this reason you and the council will only be able to refuse one date offered for the hearing. 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. Certified copies of the Order with accompanying map can be viewed, at the council offices at Towie House, Manse Road, Turriff, AB53 4AY and Woodhill House, Westburn Road, Aberdeen AB16 5GB, between the hours of 8.45am and 5.00pm, Monday to Friday. 3A Eagle Wing Please be aware as well as Tree Preservation Orders, trees can also be protected by planning conditions and by being within Conservation Areas. The personal information that we use is provided to us by the parties making, or taking part, in that case. Regulation 19 gives people who are unhappy with a council’s decision a right of appeal to the Secretary of State. 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]. Although you have a right to be heard, we will decide which procedure (hearing or inquiry) is adopted, although when reaching a decision we will take your views, and any views expressed by the council, into account. Its primary function is to determine appeals. Your statement of case and the council’s will be despatched by us to the other party at the same time. You can access the guidance via the internet: Tree Preservation Orders and trees in conservation areas Planning Practice Guidance. Permission is needed to bring an application for statutory review and a challenge must be made within 6 weeks of the appeal decision. 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). 2 The Square If you decide not to send a statement of case within 6. weeks you will still be given the opportunity to comment on the statements and representations submitted by the council and third parties (see The 8-week deadline below). The team will also answer general queries on appeal procedures and on the progress of specific cases. You’ve accepted all cookies. These Orders prohibit the: However, if you are simply repeating your application you may be asked to provide evidence that the circumstances have changed since you last applied. When completing the appeal form you must explain fully why you disagree with the council’s decision, where one has been issued. 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). As set out above and in our guidance, the information we receive is copied to the case parties. Temple Quay, In fast-track appeals the decision on the costs application will be dealt with after the appeal decision has been issued and will involve an exchange of written representations between the applicant and the party against whom the application is brought. A TPO makes it an offence to cut down, uproot, prune, damage or destroy a tree or its parts without prior consent from the LPA. Applications for costs made after the hearing or inquiry has closed are only accepted in very exceptional circumstances. Data protection legislation provides you with rights in respect of your personal information. 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. 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. The Inspector will inspect the site, and may wish to see it from the viewpoints shown in photographic evidence. 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. TPOs make the felling, lopping, topping, uprooting or otherwise willful damaging of trees without the permissio… When preparing your statement you should bear in mind that evidence will not necessarily be accepted just because it has not been challenged by another party. The Secretary of State has delegated his appeal functions to the Planning Inspectorate (known as “PINS” - see section 19: The Planning Inspectorate - who we are and what we do). Temple Quay House where the application has been made by a neighbour), local residents or groups. You may also obtain a form. Our map will also show any trees within a conservation area boundary. The power to make such an Order lies with the … At a hearing third parties have no right to speak, but may be heard at the discretion of the Inspector. Please include your name and address on of the tree site on all emails. You must send a copy of the completed form and any attachments to the council. Save to My scrapbook 15 (1967) A947, Banff Road, Turriff. If your appeal is proceeding under the fast track procedure you should submit your full written costs application at the same time that you submit your appeal. 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. Your appeal should be made on the relevant TPO (consents) appeal form obtained from PINS. Hearings and inquiries are not governed by statutory rules of procedure but we administer them in accordance with the guidance sections 11 and 12 of this Guidance. A Tree Preservation Order (TPO) is a written order made by a local planning authority (the council), which, in general, makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order A Tree Preservation Order (TPO) is a written order made by the Council to protect certain important trees, tree groups or woodlands. 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 regulations are available at larger public libraries. A TPO is made by a local planning authority (usually a local council) to protect specific trees or a particular area, group or woodland from deliberate damage and destruction if those trees are important for the amenity of the area. 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. This guidance is issued by PINS and explains how and when an appeal must be made, and how we will deal with it. Representations can only be taken into consideration if they are made known to both parties and, in the interests of transparency, representations will also normally be made publicly available. The Inspector will conduct the inspection in the company of the main parties unless one party drops out or is unhappy about giving another party access to their land, in which case an unaccompanied site visit will take place (see section 10). Bristol BS1 6PN, email: feedback@planninginspectorate.gov.uk. Typically these are: Given our lawful basis for processing information, your rights to erasure, data portability and to object to the processing of your information may not apply and we do not use automated decision making or profiling. 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. The local planning authority has powers to make Tree Preservation Orders (TPO) under the Town and Country Planning Act 1990. To do this, you need to go through their reasons for the decision, and explain why you disagree. Please use the map or criteria search facilities (from the menu options above) to carry out searches on all TPO records. Some TPOs therefore may be over 70 years old, and still valid. BS1 6PN, Alternatively, you can contact our respective sponsor’s Data Protection Officer directly (please make clear that your query/complaint relates to the Planning Inspectorate) MHCLG. Temple Quay We will also look at the original application to check that it clearly specifies the proposed work. A TPO is made by a local planning authority (usually a local council) to protect specific trees or a particular area, group or woodland from deliberate damage and destruction if those trees are important for the amenity of the area. If you decide to withdraw your appeal you must confirm it in writing to us as soon as possible so that we may write to the other parties and let them know that we will take no further action on the appeal. A TPO can apply to a single tree, a group of trees or woodland. Whether you attend the site visit or not will have no bearing on the decision since discussion is not permitted during the inspection and the Inspector will not accept any supplementary oral or written evidence on site. If you do not send your appeal documents to the council we may decide that your appeal is invalid. 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. Finding out Whether a Tree has a Tree Preservation Order See our related downloads for an Index of Tree Preservation Orders in the Southend Borough. The Inspector may also take photographs during the visit. The Tree Preservation Order protects our tree / trees. We use this information to make the website work as well as possible and improve government services. Comprehensive guidance on the award of costs is set out in the Planning Practice Guidance suite. A hearing will usually be a more appropriate forum to consider tree appeals, unless the case involves cross-examination of a number of witnesses or generates such interest that large numbers of people wish to attend. 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. Woodlands and non-commercial orchards are covered, but bushes, shrubs and hedges are not. Bristol If it becomes apparent that the hearing procedure is unsuitable, we may change it to an inquiry, written procedure or combined procedure at any point before a decision on the appeal is made. It is your responsibility to keep to this timetable - we will not send you reminders. TPOs were originally introduced in the Town and Country Planning Act 1947 and the Town and Country Planning (Scotland) Act 1947. 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 indicated in section 6, we will keep the determined procedure under review. There is no charge for making an appeal but you will have to pay your own costs. 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 … Anyone who is considering an application to the court is strongly advised to seek legal advice. A copy will also be sent, on request, to any third party who submitted representations. Exceptionally we may be able to accept your appeal even if you are seeking a variation to the works originally applied for. As indicated in section 6, we will keep the determined procedure under review. If you are still not happy, or for independent advice about data protection, privacy and data sharing, you can contact: The Information Commissioner's Office 9. 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. 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. 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. Order needed? 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. Temple Quay All content is available under the Open Government Licence v3.0, except where otherwise stated. If you fail to provide us with information required to validate your case then we may not be able to consider it. Permission to bring a challenge will only be granted to someone other than you where they are able to satisfy the court that they have both sufficient interest in the matter and a reasonable case to put forward. (Scotland) Act 2006) and the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. Correction notices will usually apply to errors of a relatively minor nature such as typographical errors. 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