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’. County councils can make Tree Preservation Orders but there are restrictions in areas where there is both a district planning authority and a county planning authority. Paragraph: 063 Reference ID: 36-063-20140306. A programme of works could describe the classes of works which will need to be carried out as routine maintenance during the specified period. Paragraph: 041 Reference ID: 36-041-20140306. A tree preservation order (TPO) is issued by the council to protect trees and woodlands. It may be served electronically if the landowner has provided their electronic address to the authority (see section 329(1)(cc) of the Act). As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard. Section 209 of the Town and Country Planning Act 1990 gives authorities powers to take action where a replacement tree has not been planted within the compliance period or within such extended period as the authority may allow. In addition, trees and saplings which grow naturally or are planted within the woodland area after the Order is made are also protected by the Order. For example: City of Woodville (No. A right to light is a type of easement; this essentially means that it is a right enjoyed over land belonging to ... A couple of months ago, in the case of Pezaro and another v Bourne and another [2019] EWHC 1964 (Ch), the High Court held that rights of way... You can trust our specialists at Farleys Solicitors to give you outstanding, straight talking legal services at any of our six offices across the North West - Get in touch with us today! Application to carry out work to protected trees. Sandbanks is one of the most desirable coastal locations in the UK, where the average property costs over £1m. So the authority cannot: Paragraph: 118 Reference ID: 36-118-20140306. Tree Preservation Order. Section 214A of the Town and Country Planning Act 1990 enables an authority to apply to the High Court or County Court for an injunction to restrain an actual or apprehended offence under section 210 (contravention of a Tree Preservation Order) or section 211 (prohibited work on trees in a conservation area). Paragraph: 037 Reference ID: 36-037-20140306. Paragraph: 094 Reference ID: 36-094-20140306. The duty attaches to subsequent owners of the land. Under section 206 of the Town and Country Planning Act 1990 landowners have a duty to replace a tree removed, uprooted or destroyed in contravention of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. any further information requested by the Inspector. David Matthews, 67, ignored Tree Preservation Orders (TPO) made by … Regulation 14 of the Town and Country Planning General Regulations 1992 applies sections 276 (power to sell materials removed during work), 289 (power to require occupiers to allow work to be carried out by the owner) and 294 (limit on liability of agents or trustees) of the Public Health Act 1936 to tree replacement notices. A programme including tree felling should be more specific and should, where appropriate, cater for replacement tree planting. The authority can decide to confirm an Order in relation to some, but not all, of the trees originally specified in the Order it made. The authority’s main consideration should be the amenity value of the tree. In such cases, compensation is not payable for any: Paragraph: 110 Reference ID: 36-110-20140306. Paragraph: 067 Reference ID: 36-067-20140306. A tree preservation order is an order made by a local planning authority to protect trees (either individual or groups of trees or woodlands). Paragraph: 145 Reference ID: 36-145-20140306. give its reasons for each condition imposed; explain the applicant’s right to compensation for, how to carry out work in accordance with good practice, where to get independent specialist advice, the information available when the local planning authority made its original decision on the application for consent, the authority’s decision and supporting information in that decision. Paragraph: 134 Reference ID: 36-134-20140306. ... All other breaches are subject to a fine of up to £2,500. Paragraph: 075 Reference ID: 36-075-20140306. be fair and reasonable in the circumstances of each case; be imposed only where there is a definite need for it; and. Authorities should consider publicising successful prosecutions to help maximise their deterrent value. In these circumstances the authority is advised to vary the Order to bring it formally up to date. If consent is given, it can be subject to conditions which have to be followed, much the same as planning permissions. Paragraph: 030 Reference ID: 36-030-20140306. The law protects certain trees and groups of trees. to make a Tree Preservation Order on the tree to stop the work being carried out. Tree Preservation Orders: A guide to the Law and Good Practice. If an authority wants to vary an Order to add new trees, it must follow procedures additional to those for varying an Order without adding trees. Anyone found guilty in the magistrates’ court of an offence under section 210(4) is liable to a fine of up to Level 4 (currently £2,500). A notice must include the date it is submitted. Paragraph: 131 Reference ID: 36-131-20140306. If an authority grants consent for a tree to be felled and wishes there to be a replacement tree or trees, it must make this a condition within the decision. Similarly, land drainage boards do not need to obtain consent before cutting down or carrying out certain works to trees protected by an Order. Section 210(4A) and (4B) of the Town and Country Planning Act 1990 set out that, in respect of offences under section 210(4) of the Act, authorities may bring an action within 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge. Paragraph: 003 Reference ID: 36-003-20140306. This need not be limited to that brought about by disease or damage to the tree. 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