Tree related planning legislation Herefordshire Tree Forum Tree related planning legislation

Contents Tree preservation orders (TPO) - legislation and application process Conservation areas - legislation and notification process Creating new tree preservation orders Tree preservation order review

2. Tree Preservation Orders (TPO) Town and Country Planning (Tree Preservation) (England) Regulations 2012

The scope of TPOs Aim – to protect trees and woodlands in the interest of public amenity Prevent certain activities: Cut down; Top; Lop; Uproot; Wilfully damage; Wilfully destroy

Application Process Application form Registered 4 weeks - consultation, site visit, consideration Decision

Form Applicant / agents details Tree location Tree ownership Tree details Proposed work Reasons

Consideration 1) To assess the amenity value of the tree or woodland and the likely impact of the proposal on the amenity of the area. 2) To consider whether or not the proposal is justified, having regard to the reasons put forward in support of it

Decision Refuse consent Grant consent unconditionally Grant consent subject to conditions Insert decision notice

Conditions Period to complete the work Replacement planting Restrictions of work

British Standard 3998:2010 Tree work - Recommendations The works shall be carried out in accordance with this standard in the interest of good tree management

3. Conservation Areas There are currently 64 conservation areas covering the county, varying greatly in size and containing a lot of trees!

Section 211 Town and Country Planning Act 1990 The purpose of this is to consider whether a TPO should be made Any tree with a stem diameter greater than 75mm, measured at 1.5m requires notification prior to work commencing. Anyone proposing to cut down or carry out work on a tree is required to give six weeks prior notice

Notification Process Notification form registered. 6 weeks – site visit, consideration 21 days consultation. Decision

Conservation Area Decisions Either: Make a TPO if justified in the interests of amenity. The proposal would then be subject of a formal TPO application Decide not to make a TPO and allow the six week period to expire, after which the works may go ahead

4. Making New TPOs When expedient in the interests of amenity to make provision for the preservation of trees or woodlands in the county Amenity includes: size and form; •future potential as an amenity; •rarity, cultural or historic value; •contribution to, and relationship with, the landscape; and •contribution to the character or appearance of a conservation area. Expediency: Where there is a risk of an important tree being cut down or pruned

Individual Group Area Woodland Types Of TPO Individual Group Area Woodland

Stage 1 Site visit Amenity assessment and report Confirm tree owner Prepare and issue document The tree is protected from the date of issue The date of issue is the start of the 28 day consultation period

Stage 2 Consider any objections or representations received Report on whether to confirm the TPO, with or without modification Prepare and issue document This should be done after the consultation period and within the six month provisional protection period

5. TPO Review The government advises local planning authorities to keep their TPOs under review in order to ensure they are accurate, relevant and defensible. We are, therefore, in the continual and long-term process of carrying out a review of our TPOs.

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