1. Tree related planning legislation
Herefordshire Tree Forum
Tree related planning legislation

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

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

4. 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

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

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

7. 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

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

9. Conditions Period to complete the work Replacement planting
Restrictions of work

10. 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

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

12. 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

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

14. 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

15. 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

16. Individual Group Area Woodland
Types Of TPO
Individual
Group
Area
Woodland

17. 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

18. 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

19. 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.

20. Thank you. Any questions?
Herefordshire Tree Forum
Thank you. Any questions?
Tree related planning legislation