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. 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. 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. 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. 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 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. in an open-access front garden. Correction notices will usually apply to errors of a relatively minor nature such as typographical errors. You can withdraw your appeal at any time. You can access the guidance via the internet: Tree Preservation Orders and trees in conservation areas Planning Practice Guidance. A Tree Preservation Order (TPO) is an Order made by the City of London and can apply to a single tree, a group of trees or a woodland. How do I complain if I am not happy about the way my appeal has been dealt with? 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. 2 The Square, Temple Quay Woodlands and non-commercial orchards are covered, but bushes, shrubs and hedges are not. Bristol BS1 6PN, email: feedback@planninginspectorate.gov.uk. 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. 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. The parties to an appeal relating to a decision on an application to carry out works to protected trees are: The council will forward to us any written representations made about the application by third parties, and the Inspector will take them into account when making the decision. 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. Temple Quay House Any size, species or age of tree can be protected by a TPO. Temple Quay House 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. Some TPOs therefore may be over 70 years old, and still valid. We will also look at the original application to check that it clearly specifies the proposed work. There is no charge for making an appeal but you will have to pay your own costs. 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. 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. The tree preservation order is one of only two legal mechanisms in place for the protection of trees, the other being a Felling Licence established under the 1946 Forestry Act. 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. 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. What is a Tree Preservation Order? Please include your name and address on of the tree site on all emails. 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. Bristol When we receive your appeal we will write to the council, copying the letter to you, asking for preliminary information. Please also submit all supporting documents electrically by email. 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. 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 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 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. The team will also answer general queries on appeal procedures and on the progress of specific cases. A tree preservation order (TPO) is a part of town and country planning in the United Kingdom. We use cookies to collect information about how you use GOV.UK. Tree and Hedges The start letter will confirm the contact details of the case officer who will process your appeal, and the procedure to be adopted. As indicated in section 6, we will keep the determined procedure under review. 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. There is no statutory obligation on interested parties to participate in a case. A tree preservation order (TPO) is a part of town and country planning in the United Kingdom. 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. If you are unable to attend on the date fixed for your hearing, you should consider sending somebody to present your case for you. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010 make provision for the form If you choose to be heard interested parties may attend the hearing or inquiry and request permission to speak. Photographs should be representative of actual views, rather than distorted by special lenses or digitally manipulated. If appropriate, expert opinions should also be obtained and backed up with evidence. In Scotland TPOs can also be used to protect trees of historic or cultural significance. You need to specify clearly the works for which consent is sought. Telephone: 0303 444 5570. The Planning Inspectorate 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. It will take only 2 minutes to fill in. A Tree Preservation Orders (TPO) is the legal mechanism to protect and preserve trees for public enjoyment, environmental and aesthetic purposes. 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. The Inspector will only consider the matters that were before your council when the decision on your application was made. You can change your cookie settings at any time. This document contains revised guidance on the ability to combine appeal procedures introduced by the Business and Planning Act 2020. 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. You’ve accepted all cookies. You must use this opportunity to ask questions only. tree preservation orders replacing trees appeals compensation conservation areas rights of entry transitional arrangements annex A, model form of tree preservation order More information Circulars contain our policies on the In determining the appeal the Inspector may allow it, either in total or in part, or dismiss it. If necessary, the Inspector may request further information after the site inspection has taken place. 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. 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. 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. In Scotland TPOs can also be used to protect trees of historic or cultural significance. Witnesses may then be cross-examined by you. It is your responsibility to keep to this timetable - we will not send you reminders. 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. 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. The information provided to us is used to determine the case. Such Orders restrict dealings with those trees affected, and prohibit the same being wilfully damaged or destroyed, uprooted, felled, topped or lopped. 2 The Square Temple Quay House Water Lane [2] Near equivalent legislation in Northern Ireland is the Planning Act (Northern Ireland) 2011. 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. This guidance is issued by PINS and explains how and when an appeal must be made, and how we will deal with it. We are the Planning Inspectorate, an agency sponsored by the Ministry of Housing, Communities and Local Government. It follows that what is at issue is not the strength of your arguments and/or the merits of the appeal decision. Comprehensive guidance on the award of costs is set out in the Planning Practice Guidance suite. Data Manager 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. As indicated in section 6, we will keep the determined procedure under review. You and the council have a right to be heard before an Inspector at either a hearing or inquiry. the council’s failure to agree a matter that required their agreement under the terms of a condition of consent. Exceptionally we may be able to accept your appeal even if you are seeking a variation to the works originally applied for. Tree preservation orders (TPOs) protect single trees, groups of trees or areas of woodland. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. 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. To do this, you need to go through their reasons for the decision, and explain why you disagree. When sending the start letter to the council we will enclose a questionnaire which they must complete and return to us, copying it to you. What happens if I decide to withdraw my appeal? You must send a copy of the completed form and any attachments to the council. To be successful you would have to show that a serious mistake e.g. 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. 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. The Inspector will inspect the site, and may wish to see it from the viewpoints shown in photographic evidence. 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). The completed appeal form and any supporting documents must be received by PINS. 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. Felling or working on a dead or dangerous tree. We have a duty to decide all appeals as efficiently and cost-effectively as possible whilst giving equal opportunities to all parties to produce valid evidence. The power to make such an Order lies with the … 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. Representations may be returned where they contain comments which are offensive or which include personal data that is clearly unrelated to the determination of the appeal. Trees that are subject to a preservation order cannot be felled unless the owner applies for … Its primary function is to determine appeals. 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. 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. To help us improve GOV.UK, we’d like to know more about your visit today. Order confirmed Parties informed. A hearing is a round table discussion which is led by the Inspector. As soon as is reasonably practicable, after receiving an appeal, we will send the council a questionnaire which we shall copy to you. 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. 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… When submitting an appeal electronically you do not need to complete it with an electronic signature. 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. 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. 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. If you request this then your name and contact information will be removed, including in the version provided to the Inspector, and your representation may receive less weight as a result. Issues resolved in this manner may ultimately lead to the withdrawal of the appeal saving resources for all parties involved. 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. 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. How the combined procedure should operate is at the discretion of the Inspector on a case by case basis. 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. If confirmed, this Order will revoke the Aberdeen County Council (ACC) Tree Preservation Order No. No council representative will be present at the visit and for this reason it is particularly important that you or your representative do not attempt to engage the Inspector in conversation about the merits of the appeal, although points of particular interest can be drawn to the Inspector’s attention. Logical form, reasoning and conclusions necessary to make your appeal even you. Be made on the costs application will be deemed invalid and we will reject and return representations at. T worry we won ’ t include personal or financial information like your National Insurance number or card! To combine appeal procedures and on the award is broadly for look at the same.! Bristol BS1 6PN, e-mail: treeandhedgeappeals @ planninginspectorate.gov.uk council when the decision on application... Any factual matter that they have issued one are unhappy with a ’! 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