Tree Preservation Order applications
The Town and Country Planning (Trees) Regulations 1999 require the submission of specific information with a detailed site plan in support of any application to carry out works to protected trees. Tree survey reports can assist your application.
What happens next?
The LPA will usually carry out a site visit to help them assess the
proposed works. They may discuss alternative works with you.
You will have a right of appeal to the Planning Inspectorate where the LPA has not issued a decision within either eight weeks or two months of your application, depending on the age of the TPO.
You should confirm with your LPA which period applies; alternatively you can agree an extended period with them.
Trees in a Conservation Area
The Town and Country Planning Act 1990 makes special provision for trees in conservation areas which are not the subject of a TPO. Under Section 211, anyone proposing to cut down or carry out work on a tree in a Conservation Area is required to give the Local Planning Authority six weeks prior notice.
The purpose of this requirement is to give the council an opportunity to consider whether a TPO should be made in respect of a tree.
All trees growing within conservation areas and having a stem diameter of more than 7.5cm at 1.3 metres above ground level are considered protected.
Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area without giving a Section 211 notice is guilty of an offence. The same applies for contravening a TPO.
Anyone who commits such an offence and if convicted in the Magistrates
Court, is liable to a fine of up to £20,000. Anyone who carries out work
in a way that is not likely to destroy the tree is liable to a fine of
up to £2,500.Conservation area notices
The LPA has six weeks within which they can object to your proposals. This gives the LPA the opportunity to protect trees of amenity value, which may be harmed by the proposed works. A site visit is usually carried out.
The LPA can only object formally by making a TPO on the tree(s) concerned. In many cases, where the LPA feel that the works are inappropriate, they may discuss alternative work with you.
If you do not receive a decision within six weeks of your notice then you can carry out the works you gave notice for, but no more.
If a TPO is made this will prevent you doing the work without making an application for consent. You will have the right to object to the TPO and the LPA will provide details on how to do this.