Temple Quay, 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. We will keep the determined procedure, including any combined procedure, under review during the appeal and may change it at any point before a decision on the appeal is made (subject always to any notification and procedural requirements). The start letter will confirm the contact details of the case officer who will process your appeal, and the procedure to be adopted. 9. 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 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. 8. The hearing can then be an open discussion of the main issues without witnesses having to be examined. If the tree is situated on a neighbouring property we will also consult with the owner in order to arrange access to the land in question, if it is deemed to be appropriate. We normally keep copies of the information provided to us on a case for a period of one year following issue of the issue of the decision, and keep the decision itself for 10 years. 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. 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. 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. Similar limitations apply in respect of the reasons you give for seeking consent, especially under the fast-track procedure where your council has no opportunity to respond to your grounds of appeal. How the combined procedure should operate is at the discretion of the Inspector on a case by case basis. 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 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. 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. 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. 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. There are also explicit statutory/legal obligations on us in respect of that casework. 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. 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. 2 The Square, Temple Quay We do not accept anonymous representations, but you may ask for your name and address to be withheld. If a tree is protected by a Tree Preservation Order, you CANNOT do any of the following without consent: fell or uproot the tree 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. However, while on site, those in attendance will be allowed to point out things that have been referred to in the written statements. In general, whether your appeal proceeds under the fast-track procedure or is heard by an Inspector at a public hearing or inquiry you must meet your own expenses. You must tell us about works to trees within a conservation area with a trunk diameter of 75mm or … Telephone: 0303 444 5570. As soon as is reasonably practicable, after receiving an appeal, we will send the council a questionnaire which we shall copy to you. We may use third party service providers to assist us in the provision of our service – for instance through the provision of information technology services). You must send a copy of the completed form and any attachments to the council. The start date is the date the clock starts ticking for the submission of further representations, and our letter will set out the timetable which applies to you and to the council. 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. In Scotland TPOs can also be used to protect trees of historic or cultural significance. 2 The Square 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. When submitting an appeal electronically you do not need to complete it with an electronic signature. A TPO can apply to a single tree, a group of trees or woodland. Please use the map or criteria search facilities (from the menu options above) to carry out searches on all TPO records. The personal information normally includes name and contact details and any other personal information within the representations themselves. If your application/appeal does not specify the proposed works clearly enough it will be deemed invalid and we will turn it away. The appointed Inspector will consider the information provided and reach their decision, providing both the outcome of the case and their reasons for it. A hearing is a round table discussion which is led by the Inspector. For example, a hearing could have a written representations element to deal with a certain issue and an inquiry could have hearing (round table discussion) and/or written representations elements, if those approaches are considered more appropriate to deal with certain issues. 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. A Tree Preservation Order (TPO) is a written order made by the Council to protect certain important trees, tree groups or woodlands. A copy will also be sent, on request, to any third party who submitted representations. Water Lane 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. 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. Applications for costs made after the hearing or inquiry has closed are only accepted in very exceptional circumstances. 3rd Floor Temple Quay House The Authority may make a TPO if it appears to it to be; ‘expedient in the interests of amenity to make provision for the preservation of trees or woodlands in the area’. 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. Bristol ), When using a word version where possible please can you save the copy as a PDF before returning to us. If it becomes apparent that the written procedure is unsuitable, we may change it to a hearing, inquiry or combined procedure at any point before a decision on the appeal is made (subject always to any notification and procedural requirements). They aim to reply to 80% of all correspondence within 20 working days. You must use this opportunity to ask questions only. Data Manager It follows that what is at issue is not the strength of your arguments and/or the merits of the appeal decision. failure to take an important factor into account, had been made or that procedural aspects of the appeal were seriously defective. Don’t worry we won’t send you spam or share your email address with anyone. We will reject and return representations received at this stage if they raise new issues. How do I complain if I am not happy about the way my appeal has been dealt with? 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. When we process your personal information we will comply with the Data Protection Act. 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. When submitting your appeal to us please attach a copy of the council’s decision, where they have issued one. When validated we will issue a reference number which you should use at all times. BS1 6PN, e-mail: treeandhedgeappeals@planninginspectorate.gov.uk. Exceptionally we may be able to accept your appeal even if you are seeking a variation to the works originally applied for. 2 The Square A word version and a Pdf version are available (Please note for the PDF version you will need Adobe Professional software. It is not enough to submit a vaguely worded application or to merely say that you intend to make an application for costs. Community Legal Service (CLS) can help you to find the right legal advice. 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. Tree and Hedges 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. 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. This page was last edited on 17 November 2020, at 09:16. Appeals proceeding by the written representations route will not normally be combined with other procedures and will follow the written representations procedure. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. Your statement of case and the council’s will be despatched by us to the other party at the same time. 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. What happens if I decide to withdraw my appeal? However, you should be mindful of costs implications if you have asked to be heard and only withdraw your appeal at a late stage (see section 16). A letter and a copy of the document is sent to all owners and to Forestry Scotland. If you intend to call somebody to speak on your behalf their statement should be included in your statement of case. 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). The Inspector will inspect the site, and may wish to see it from the viewpoints shown in photographic evidence. 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. 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. To be successful you would have to show that a serious mistake e.g. Should your appeal be unsuccessful there is nothing to stop you from making a further application to the council. 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. 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). However, if you are simply repeating your application you may be asked to provide evidence that the circumstances have changed since you last applied. 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. 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. You and the council have a right to be heard before an Inspector at either a hearing or inquiry. You’ve accepted all cookies. You cannot introduce any new reasons for the appeal. TREE PRESERVATION ORDER DIRECTORY LOCATION ORDER No TYPE SITE SPECIFIC A33 115/09 (A1) Tesco Warehouse (former Berks Brewery) A33 5/16 (W1) Land between Island Road, River Kennet and A33 A33 12/18 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… Our processing of personal information is necessary for the effective determination of the case and is therefore necessary for the performance of a task carried out in the public interest. There is no charge for making an appeal but you will have to pay your own costs. 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. It is placed on attractive trees, or which enhance the appearance of an area.. Please also submit all supporting documents electrically by email. We’ll send you a link to a feedback form. At 2019 the Welsh assembly is proposing separate Welsh legislation. 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]. Trees that are subject to a preservation order cannot be felled unless the owner applies for … Temple Quay House Data protection legislation provides you with rights in respect of your personal information. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. When completing the appeal form you must explain fully why you disagree with the council’s decision, where one has been issued. The personal information that we use is provided to us by the parties making, or taking part, in that case. 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. If appealing against a refusal of consent to fell a tree or against a condition requiring replacement planting you should indicate the species and size of any tree/s you would be prepared to plant if the appeal were to be allowed. As indicated in section 6, we will keep the determined procedure under review. However, if you want to make a point that would be best illustrated by a plan or photograph, you should send a copy with the appeal form. Permission is needed to bring an application for statutory review and a challenge must be made within 6 weeks of the appeal decision. 2 The Square A Tree Preservation Order (TPO) has been made at some time to cover that tree; A planning condition has been made at some time to cover that tree; The tree is within a conservation area (in fact, this one is not strictly protection but merely requires that the owner gives notice to the council of their intention to do works). As indicated in section 6, we will keep the determined procedure under review. 3H Hawk Wing Temple Quay House 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 … 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. This means that fruit trees are not automatically exempt unless they are actively being used for a business. Save to My scrapbook Yes Tree(s) identified, plotted and classified Order prepared and made Order served and made available to public Any objections? It will take only 2 minutes to fill in. When submitting an appeal electronically please do not send an additional paper copy. They will investigate your complaint and will reply as soon as possible. We will also request the council to notify any third parties so that they may attend if they wish to. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010 make provision for the form You can access the guidance via the internet: Tree Preservation Orders and trees in conservation areas Planning Practice Guidance. We are the Planning Inspectorate, an agency sponsored by the Ministry of Housing, Communities and Local Government. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. You should keep an additional copy of your appeal form and supporting documents for your own reference. Regulation 19 gives people who are unhappy with a council’s decision a right of appeal to the Secretary of State. Exceptionally there may also be a need for a pre-inquiry meeting (PIM) in order to agree the topics that will be discussed at the inquiry and those which will not be raised. 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. If appropriate, expert opinions should also be obtained and backed up with evidence. 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. 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). A tree preservation order (TPO) is a part of town and country planning in the United Kingdom. You may also obtain a form. 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. This means that if you employ a professional adviser (e.g. The team will also answer general queries on appeal procedures and on the progress of specific cases. You can withdraw your appeal at any time. Tree preservation orders (TPOs) protect single trees, groups of trees or areas of woodland. 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. All content is available under the Open Government Licence v3.0, except where otherwise stated. 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. You should be aware that the information provided is copied to other parties and can be made publicly available. 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. 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. 3B Eagle Wing 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. The Tree Preservation Order protects our tree / trees. 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. A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. 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%. 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. The local planning authority has powers to make Tree Preservation Orders (TPO) under the Town and Country Planning Act 1990. Your application must be supported by a full statement on why an award of costs is considered justified. If you are unhappy with the way the Inspectorate processes your personal information then you should first contact the Inspectorate’s Data Manager. 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. [2] Near equivalent legislation in Northern Ireland is the Planning Act (Northern Ireland) 2011. 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 Department for Communities and Local Government (CLG) has issued guidance about Tree Preservation Orders as part of the Planning Practice Guidance suite. 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. 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). When deciding which procedure to choose you should bear in mind that the fast-track process is considerably quicker and cheaper than the hearing or inquiry procedures. If you do not send your appeal documents to the council we may decide that your appeal is invalid. Some TPOs therefore may be over 70 years old, and still valid. 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. 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. 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. You can change your cookie settings at any time. Where the answer to this question is yes an unaccompanied site visit will be arranged. Temple Quay 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. 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. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. As part of that process, the council also send us information from their consideration of the case. 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 At a hearing third parties have no right to speak, but may be heard at the discretion of the Inspector. 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… Works at the request of certain agencies or organisations which are specified in the order. 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. Forms should be returned to us electronically by e-mail to: treeandhedgeappeals@planninginspectorate.gov.uk. 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). The information provided to us is used to determine the case. The Inspector may also take photographs during the visit. 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. However, unsolicited representations received after the site inspection will be returned to the sender unless the person submitting them can demonstrate that there were exceptional reasons which prevented their submission in accordance with the regulations or as otherwise specified by us. You can search their website at: http://www.clsdirect.org.uk or telephone them on 0845 3454345. TPOs make the felling, lopping, topping, uprooting or otherwise willful damaging of trees without the permissio… If necessary, the Inspector may request further information after the site inspection has taken place. If more than one document is referred to in your statement of case and will be submitted as evidence, an index should be provided and each page of the statement numbered. And in our guidance, the Inspector may request further information after the site inspection has taken place supporting. Condition of consent return representations received at this stage if they raise new issues from... 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