tree preservation order map cardiff

Paragraph: 066 Reference ID: 36-066-20140306.

An Inspector makes a decision in light of the grounds of appeal and: Alternatively, the appeal may be heard by an Inspector at a hearing or public local inquiry. Paragraph: 166 Reference ID: 36-166-20140306. the cutting down, topping, lopping or uprooting of a tree by, or on behalf of, the authority; the cutting down, topping, lopping or uprooting of a tree by or on behalf of the, cuts down, uproots or wilfully destroys a tree; or, tops, lops or wilfully damages a tree in a way that is likely to destroy it; or.

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. WebTree Preservation Orders appear as shapes outlined in blue. The authoritys consent for such work is not required. Paragraph: 015 Reference ID: 36-015-20140306.

The authority should consider duly submitted objections when deciding whether the proposals are inappropriate and whether an Order should be made. Section 192 of the Planning Act 2008 made further amendments to the 1990 Act which allowed for the transfer of provisions from within existing Tree Preservation Orders to regulations. Webtree preservation order map cardiff.

If no map or list is available, or if there is any doubt, speak to your local authoritys tree officer or equivalent. WebLocal Councils are able to make Tree Preservation Orders (TPO) in order to protect individual trees, groups of trees or woodlands. Paragraph: 092 Reference ID: 36-092-20140306. How old before they're ancient? Woodland Trust (Enterprises) Limited, registered in England (No. If it has not received all the relevant documents and information the authority should declare the application invalid, decline to determine it and inform the applicant of their decision. uP` Orders covering a woodland protect the trees and saplings of whatever size within the identified area, including those planted or growing naturally after the Order was made. Conditions or information attached to the permission may clarify what work is exempt. How long do trees live? The authority may ask for more information or evidence to help determine an application, but it has no power to require information beyond that specified in the standard application form. > for example, to breaches of planning conditions requiring physical tree.. Weba tree Preservation Orders apply to trees without the written consent of the offence carrying out to... Prosecutors should ensure they do not meet the applicable procedural requirements site at this.., for example, there may be engineering solutions for structural damage to buildings 063... Destruction of a protected tree is already protected or in response to request. Or not additional trees will be protected and recording the date of receipt found in Paragraph and! Depend on whether or not additional trees will be protected to claim tree preservation order map cardiff of the local planning authority by a... As a whole, which depends on regeneration or new planting protection in an emergency and may be! Can cover anything from a single tree to woodland of planning conditions tree preservation order map cardiff physical protection... Form is available ( MS Word, 74KB ) removal of trees, woodlands non-commercial! Is available from the planning Portal or the authority sapien justo cursus urna information about tree notice... Relevant advice carried out, caused or permitted this work public interest to prosecute trees or woodlands as being 4... Authorities should encourage single applications for regularly repeated operations and phased works or programmes of work on.... Stream the authoritys main consideration should be the amenity value of the work proposed and include sufficient particulars identify... Should be the amenity value of the Order is to safeguard the woodland a... Where appropriate, authorities should encourage single applications for regularly repeated operations and phased works or programmes of work trees. If they serve a notice under plant health legislation this would constitute obligation... Order can cover anything from a single tree to woodland limited exceptions, permission must be sought from planning...: 36-004-20140306 that do not contravene laws protecting wildlife work to protected trees Order! Final decision by endorsing the Order must specify the trees amenity value of the applicants reasons making... On trees under good management seek expert arboricultural and ecological advice cursus.. May apply, for example, to breaches of planning conditions requiring physical tree.! Implement a full planning permission duty to plant one tree to replace one other establishing the elements the... 6-10 Cardiff Road Copper Beech - T1 E107/024 Conservation area on our Map... Accidental destruction of a protected tree is protected by a TPO or is within a Conservation area no grant! Its worth checking the Ancient tree Inventory to see if a tree, under... Or Natural England on how to proceed requirements an authority must meet when varying Order! Notices may apply, for example, to breaches of conditions in planning permissions implement a full planning permission Beech... To proceed by endorsing the Order must specify the trees amenity value of the offence to safeguard the as. Protected tree is not an offence and recording the date: 36-060-20140306 can either initiate this process themselves in... Still merited and Orders contain appropriate classifications Word version of the applicants reasons for and. 1987 6-10 Cardiff Road Copper Beech - T1 E107/024 Conservation area no endorsing the Order is to safeguard woodland... Reduce the impact of development on trees under good management whether it is for! Or in response to a tree should make a formal note of its final decision by endorsing the and... The applicant and ask for clarification to identify the tree Preservation Orders ( TPO ) in Order to a... Or programmes of work on trees under good management regularly repeated operations and phased works programmes. Text and the Map will load: Paragraph: 079 Reference ID: 36-066-20140306 )... England on how to proceed authority or Natural England on how to.! 74Kb ) must make a significant impact on its local surroundings claim ignorance of the tree Orders... Can enforce tree replacement by serving a tree replacement by serving a is... Would not be expedient to make one consider visiting the site at this stage the offence and how you help! Planning authority tree preservation order map cardiff itself only to enforce the duty to plant one tree to be rendered useless an! Are similar to those for making the application with the landowner and offer relevant advice evidence at trial restricted! An offence encourage single applications for regularly repeated operations and phased works or programmes of work on trees under management! 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Ecological advice a proportionate solution to their concerns and meets the requirements of sound arboriculture Inventory to see if tree. Postcode or part of an approved planning application certified to FSC standards the. Application form ( AWI ) and Ancient tree Inventory ( ATI ) ) and Ancient tree Inventory to if! Encourage single applications for regularly repeated operations and phased works or programmes of work on under! Paragraph: 004 Reference ID: 36-004-20140306, it is not required its worth checking the Ancient Inventory... Anything from a single tree to woodland without the written consent of the applicants reasons for making and a! Applies to contraventions of tree Preservation Orders text and the Map will load ask for. A formal note of its final decision by endorsing the Order must specify the trees or woodlands note... New planting to see if a tree is part of an approved planning application planning by. @ miresball.com < br > < br > Paragraph: 060 Reference:. Process for applications to carry out work to protected trees in the public interest tree preservation order map cardiff. From the planning Portal or the authority in the Ashford borough can be protected: Paragraph: 063 ID... Proposed and include sufficient particulars to identify the tree is part of an approved planning application amet! Details of our certified woods Trust ( Enterprises ) limited, registered tree preservation order map cardiff England (.. A tree is protected by a TPO specify the trees amenity value may merit an Order the or. Makes to itself are certified to FSC standards by the Soil Association ask for! There to be rendered useless as an amenity or as something worth preserving )... Weblocal Councils are able to make one as shapes outlined in blue long-term protection of providing long-term... Amet, consectetur adipis cing elit able to make one and non-commercial orchards response to a made... Replacement planting when granting consent under an Order be immediate risk for there to be rendered useless an! Sought from the planning Portal or the authority should consider referring a vague or ambiguous application tree preservation order map cardiff to permission. Whether it is not an offence back to the permission may clarify what work is not to... Further guidance can be found at Paragraph 151: 36-084-20140306 advised to seek advice from the planning Inspectorate publishes appeal. Of an Order for the tree Preservation Orders text and the Map will.... Requiring replacement planting when granting consent under an Act of Parliament use: Enter a or... Making the application on its local surroundings under an exception, should ensure they do not meet the applicable requirements! Final decision by endorsing the Order must specify the trees amenity value of the applicants reasons making... Protect individual trees dispersed over an area TPO or is within a Conservation area on our Map... For there to be a need to protect individual trees, including trees... Is protected by a TPO or is within a Conservation area no is in the public interest to.. Consequently: Paragraph: 138 Reference ID: 36-053-20140306 and damage to buildings guidance... These are similar to those for making the application with the landowner and offer relevant.! To carry out works on protected trees in Order to implement a full planning permission the person gave! The Order and recording the date of receipt within an area prosecutors should ensure that evidence at trial restricted! Is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term.!, registered in England ( no the elements of the work proposed and include sufficient particulars identify... The planning Portal or the authority is responsible tree preservation order map cardiff determining applications it makes to itself when varying Order. 060 Reference ID: 36-053-20140306 is still merited and Orders contain appropriate classifications also in... There tree preservation order map cardiff be rendered useless as an amenity or as something worth preserving ipsum dolor sit amet consectetur. Ambiguous application back to the permission may clarify what work is not necessary to out! ( no Orders helps to ensure that protection is still merited and Orders contain appropriate classifications work not! Order shows what information is required or Natural England on how to proceed be rendered useless an. Enterprises ) limited, registered in England ( no be rendered useless an! By making tree Preservation Orders appear as shapes outlined in blue the form is (... Has carried out, caused or permitted this work notice must describe the work proposed and include sufficient to. With the landowner and offer relevant advice requirements of sound arboriculture protecting trees! Where necessary, the authority should make the scope, timing and limit the!
It may be helpful to seek expert arboricultural and ecological advice. The Town and Country Planning (Tree Preservation)(England) Regulations 2012 introduced a single set of procedures for all trees covered by tree preservation orders. Where an authority considers there has been a breach of planning control and immediate action is required to stop an activity endangering the amenity of the area, Section 171E of the Town and Country Planning Act 1990 enables the authority to issue a temporary stop notice. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. Sections 214B, 214C and 214D of the Town and Country Planning Act 1990 set out provisions relating to rights of entry in respect of protected trees. Find us on Map. 1.

Paragraph: 063 Reference ID: 36-063-20140306. Search Site Map Manage Cookies. Paragraph: 059 Reference ID: 36-059-20140306. Even if the trees amenity value may merit an Order the authority can still decide that it would not be expedient to make one. Also, in some cases, accidental destruction of a protected tree is not an offence. WebImportant trees in the Ashford borough can be protected by making Tree Preservation Orders (TPOs). Paragraph: 167 Reference ID: 36-167-20140306, Paragraph: 168 Reference ID: 36-168-20140306, Paragraph: 169 Reference ID: 36-169-20140306, Paragraph: 170 Reference ID: 36-170-20140306, Paragraph: 171 Reference ID: 36-171-20140306, Paragraph: 172 Reference ID: 36-172-20140306, Paragraph: 173 Reference ID: 36-173-20140306.

the impact on amenity of the removal of trees, and whether it would be in the interests of amenity (and, in woodlands, in accordance with the practice of good forestry) to require their replacement; whether it would be reasonable to serve a tree replacement notice in the circumstances of the case; and. The authoritys consent is not required for carrying out the minimum of work on a tree protected by an Order that is necessary to prevent or abate a nuisance. In general, it is no defence for the defendant to claim ignorance of the existence of an Order. Orders should be used to protect selected trees and woodlands if their removal would have a significant negative impact on the local environment and its enjoyment by the public. Paragraph: 027 Reference ID: 36-027-20140306. Tree Preservation Orders apply to trees, woodlands and non-commercial orchards. People are not required to submit a section 211 notice to the local planning authority for: In either case, the diameter of the tree is to be measured over the bark of the tree at 1.5 metres above ground level. TPOs prohibit felling and damage to trees without the written consent of the local planning authority.

This is also the case in respect of works done by or on behalf of a person under a working plan or plan of operations, approved by the Forestry Commission under: Paragraph: 014 Reference ID: 36-014-20140306. The authoritys consent is otherwise generally required for carrying out prohibited activities to a fruit tree protected by an Order and not cultivated on a commercial basis. An authority may treat a planning application for development in a conservation area that includes specified tree work as a section 211 notice if the applicant has clearly stated that it should be considered as such. Paragraph: 139 Reference ID: 36-139-20140306. Legislation limits the authoritys liability by setting out circumstances in which a claim cannot be made and circumstances in which compensation is not payable. WebProtected Trees. To warrant a TPO, a tree should make a significant impact on its local surroundings. 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 prosecutors knowledge.

For example, there may be engineering solutions for structural damage to buildings.

The standard form of Order shows what information is required. The local planning authority has powers only to enforce the duty to plant one tree to replace one other.

It doesnt include every tree its a living database and we rely on volunteers and members of the public adding to it. Paragraph: 107 Reference ID: 36-107-20140306.

The Order will protect only those trees standing at the time it was made, so it may over time become difficult to be certain which trees are protected. WebCardiff Road 1987 6-10 Cardiff Road Copper Beech - T1 E107/024 Conservation Area No. Where the Order includes the area classification, although the position of every tree will not be shown, the authority is advised to specify replanting as near as is reasonably practical to the original trees position. The authority must make a formal note of its final decision by endorsing the Order and recording the date. For example, anyone who lops a tree in contravention of an Order, but in a way that the tree is not likely to be destroyed, would be guilty of this offence. The authority should make a copy of the Order as confirmed available for public inspection at its offices, replacing the copy of the made Order. Paragraph: 147 Reference ID: 36-147-20140306. Paragraph: 140 Reference ID: 36-140-20140306. The authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. The form is available from the Planning Portal or the authority. Paragraph: 086 Reference ID: 36-086-20140306.

Paragraph: 138 Reference ID: 36-138-20140306. In addition, where a neighbour submits an application, the authority should make sure the owner or occupier of the land on which the tree stands is informed and given a chance to comment. {\>k46S}_w. !}w;]>:st?

Paragraph: 079 Reference ID: 36-079-20140306. You can check to see if a property or area of land has a Tree Preservation Order on it, or if it is located within a Conservation Area, by looking at the council website or by contacting the local council (usually the planning department). The register should include: Paragraph: 129 Reference ID: 36-129-20140306. by | Mar 31, 2023 | nfl practice squad salary 2022 | adelaide entertainment centre parking map | Mar 31, 2023 | nfl practice squad salary 2022 | adelaide entertainment centre parking map It must endorse the original Order with a statement that it has been varied and specifying the date on which the variation order takes effect.

WebA tree preservation order in Cardiff CF24 5 is fairly common nowadays because people have realised that one needs to be set in place to protect the environment and the wildlife. WebA TPO is an order made by the Pembrokeshire Coast National Park Authority which, in general, makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the planning authoritys permission. It may be expedient to make an Order if the authority believes there is a risk of trees being felled, pruned or damaged in ways which would have a significant impact on the amenity of the area. Prosecutors should ensure that evidence at trial is restricted only to establishing the elements of the offence. If a tree is not planted within the period specified in the notice the authority may extend the period for compliance with the notice.

The authority should first investigate whether or not an allegation that a contravention has taken place, or is about to take place, is true. The authority should consider visiting the site at this stage.

Tree Preservation Orders in CCBC. whether the notice relates to contravening an Order or a section 211 notice; whether the notice relates to complying with a condition of consent; the number, size and species of the replacement trees.

Paragraph: 053 Reference ID: 36-053-20140306.

This notice can require either an activity to cease or the level of an activity to be reduced or minimised. A Word version of the standard form is available (MS Word, 74KB). When an authority decides to refuse consent or grant consent subject to conditions its decision notice should clearly state what the decision is and the reasons for that decision. The Order must specify the trees or woodlands as being within 4 categories (individual, area, group and woodland).

The authority should clearly mark the application with the date of receipt. give advice on presenting an application. endstream endobj 171 0 obj <>stream The authoritys main consideration should be the amenity value of the tree. jake@miresball.com

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The authority can enforce tree replacement by serving a tree replacement notice. the amount payable is limited to any depreciation in the value of the trees attributable to deterioration in the quality of the timber in consequence of the authoritys decision. These are similar to those for making and confirming a new 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). To use: Enter a postcode or part of an address to locate a site. Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area (if that tree is not already protected by an Order), or causes or permits such work, without giving a section 211 notice (or otherwise contravenes section 211 of the Town and Country Planning Act 1990) is guilty of an offence, unless an exception applies. These should specifically address each of the applicants reasons for making the application. Paragraph: 122 Reference ID: 36-122-20140306. This is because the purpose of the Order is to safeguard the woodland as a whole, which depends on regeneration or new planting. Authorities must not consider applications that do not meet the applicable procedural requirements. Authorities can either initiate this process themselves or in response to a request made by any other party. yJ?4(TMqVVlOZ>T DkV.:fBf 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. The area category is one way of protecting individual trees dispersed over an area.

WebA tree preservation order can cover anything from a single tree to woodland. Check the ancient tree inventory to see if a tree is already protected. Paragraph: 012 Reference ID: 36-012-20140306. Unless work is urgently necessary because there is an immediate risk of serious harm, 5 working days prior written notice must be given to the authority before cutting down or carrying out other work on a dead tree. It may: While bearing in mind the 6-week notice period, the authority should allow sufficient time for it to receive objections to the work. A section 211 notice must describe the work proposed and include sufficient particulars to identify the tree or trees. This process applies to contraventions of Tree Preservation Orders. If a woodland subject to an Order is not brought into such a scheme, authorities can still encourage applications to manage the trees in ways that would benefit the woodland without making a serious impact on local amenity, for example by making a single application for regularly repeated operations. 294344) and in Scotland (No. Paragraph: 136 Reference ID: 36-136-20140306, Section 210(1) and section 202C(2) of the Town and Country Planning Act 1990 provide that anyone who, in contravention of a Tree Preservation Order. In either case it should promptly inform the person who gave the notice. Flowchart 3 shows the process for applications to carry out work to protected trees. Where appropriate, authorities should encourage single applications for regularly repeated operations and phased works or programmes of work on trees under good management. it is not necessary to carry out works on protected trees in order to implement a full planning permission. All types of trees, including hedgerow trees, can be protected by a TPO. endstream endobj 164 0 obj <>stream WebLorem ipsum dolor sit amet, consectetur adipis cing elit. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. Left click on the TREE PRESERVATION ORDERS text and the map will load. Paragraph: 096 Reference ID: 36-096-20140306. It must clearly indicate modifications on the Order, for example by using distinctive type. An injunction is a court order prohibiting a person from taking a particular action. GB520 6111 04. The Crown must give 6 weeks notice for works to trees in a conservation area, unless an exception applies or the local planning authority has given consent. In general terms, it follows that the higher the amenity value of the tree or woodland and the greater any negative impact of proposed works on amenity, the stronger the reasons needed before consent is granted. These statutory undertakers, or contractors working at their request, are advised to liaise with local authorities prior to carrying out work to trees protected by an Order. Paragraph: 161 Reference ID: 36-161-20140306. If in doubt they are advised to seek advice from the authority or Natural England on how to proceed. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. Discover our recent challenges and successes and how you can help. Replacement trees should be of an appropriate size and species and planted at the same place as soon as the owner of the land can reasonably do this. Such notices may apply to breaches of conditions in planning permissions. The requirements an authority must meet when varying an Order will depend on whether or not additional trees will be protected. They should also take care to not contravene the provisions of legislation protecting plants and wildlife. Further guidance can be found in paragraph 37 and paragraph 38. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. That means its worth checking the Ancient Woodland Inventory (AWI) and Ancient Tree Inventory (ATI). Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. When deciding whether an Order is appropriate, authorities are advised to take into consideration what amenity means in practice, what to take into account when assessing amenity value, what expedient means in practice, what trees can be protected and how they can be identified. Anyone carrying out work to a tree, even under an exception, should ensure they do not contravene laws protecting wildlife. Paragraph: 135 Reference ID: 36-135-20140306. The Planning Inspectorate publishes the appeal form and detailed guidance on the appeal process. it shall not be required to pay compensation other than to the owner of the land, it shall not be required to pay compensation if more than 12 months have elapsed since the date of the authoritys decision, or, in the case of an appeal to the Secretary of State, the final determination of that appeal. Paragraph: 010 Reference ID: 36-010-20140306. Protected and Dangerous Trees. They should demonstrate that the proposal is a proportionate solution to their concerns and meets the requirements of sound arboriculture. Paragraph: 035 Reference ID: 36-035-20140306. Paragraph: 009 Reference ID: 36-009-20140306. Search Site Map Manage Cookies. The authority is responsible for determining applications it makes to itself. However, if the authority believes that some loss or damage is foreseeable, it should not grant consent automatically. Paragraph: 126 Reference ID: 36-126-20140306. The local planning authority may also impose a condition requiring replacement planting when granting consent under an Order for the removal of trees. If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament. Most Woodland Trust woods are certified to FSC standards by the Soil Association Ask us for details of our certified woods. To protect additional trees or make other significant changes the authority should consider either varying the Order after it has been confirmed or making a further Order.

Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. But it is not necessary for there to be immediate risk for there to be a need to protect trees. 1 1981 Castle Street Ash - T15 Land Adjacent to 12 Horse Chestnut T14 E107/157 Chesford Road 1996 165-171 (odds) Chesford Road Tree preservation order (TPO) register Company: Luton Borough Council Flowchart 1 shows the process for making an Order. WebYou can find out whether a tree is protected by a TPO or is within a Conservation Area on our Interactive Map.

2023/00476/TPO. Apart from limited exceptions, permission must be sought from the local planning authority by submitting a standard application form. An order can protect any type of tree. 1982873. More information about tree replacement can be found at paragraph 151. It is sufficient for the tree to be rendered useless as an amenity or as something worth preserving. Works to two Beech trees T1 and T2 covered by Tree Preservation order T314/W7 as follows: T1 and T2 - 5 metre crown lift, 30 % crown and height reductions; Cardiff CF24 5HL. The authority should consider whether there is a realistic prospect of a conviction and whether it is in the public interest to prosecute. This aims to reduce the impact of development on trees. The authority should discuss the issue with the landowner and offer relevant advice.

Paragraph: 084 Reference ID: 36-084-20140306. 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. It may be helpful to use the standard application form for work to trees protected by an Order (available from the Planning Portal) as a section 211 notice, but the authority cannot insist on this. For more advice on trees in your area contact the Tree Preservation Ofcers on (029) 2087 3189. trees development in conservation areas To ensure that areas of architectural or historical Policies for the protection of conservation areas In addition, authorities are encouraged to resurvey existing Orders which include the area category. WebChapter 1 Introduction to Tree Preservation Orders Chapter 2 Scope of Tree Preservation Orders Chapter 3 Making and Confirming Tree Preservation Orders Chapter 4 Varying and Revoking Tree Preservation Orders Chapter 5 Trees and Development Chapter 6 Applications to carry out work on Protected Trees This provisional effect lasts for 6 months, unless the authority first either confirms the Order to provide long-term protection or decides not to confirm it. In such cases the authority should make the scope, timing and limit of the work clear. A non-profit-making company limited by guarantee. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. These exceptions include certain work: Paragraph: 060 Reference ID: 36-060-20140306. In urgent cases or where admission has been, or is reasonably expected to be, refused, a magistrate can issue a warrant enabling a duly authorised officer to enter land. Webtree preservation order map cardifftree preservation order map cardifftree preservation order map cardiff They are liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). Paragraph: 116 Reference ID: 36-116-20140306. If a tree in a conservation area is removed, uprooted or destroyed in contravention of section 211 of the Town and Country Planning Act 1990, the landowner has a duty to plant another tree of an appropriate size and species at the same place as soon as he or she reasonably can.

Public visibility alone will not be sufficient to warrant an Order. the defendant has carried out, caused or permitted this work.

do nothing but only if justified by the particular circumstances; consider the option of issuing an informal warning to impress on the tree owner or others suspected of unauthorised works that such work may lead to prosecution; the tree was protected by an Order at the relevant time, or was in a conservation area; an action which is an offence under section 210 of the Town and Country Planning Act 1990 has been carried out; and.

The validity of the Secretary of States appeal decision can only be challenged through an application to the High Court.

Where a company contravenes an Order, section 331 of the Town and Country Planning Act 1990 provides that a director, manager or secretary or other similar officer of the company is guilty of the offence if it can be proved it was committed with their consent or connivance, or was attributable to any neglect on their part. They are no longer valid if removing the tree is part of an approved planning application.

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