TREE PRESERVATION ORDERS AND TREES IN CONSERVATION AREAS
GUIDANCE NOTES FOR APPLICANTS
Thank you for your enquiry about works to protected trees. Please read these notes carefully before completing the application form.
It is important that you provide as much information as possible, including a sketch or plan, and that you fill in all the sections of the form. You do not have to use the form but you may find it convenient to do so. If you do not use the form your application must be in writing and contain all of the relevant information required, including a sketch or plan showing the tree(s) in question.
1. Details of Applicant and Agent
You may complete the form yourself or an agent (such as an arboriculturalist or a tree surgeon) can do it for you. All correspondence and the final decision notice will be sent to your agent if you choose to use one.
2. The Tree Preservation Order (TPO) or Conservation Area
Please provide the name of the Conservation Area or title of the TPO and the reference number(s) of the tree(s) if you know them. The TPO refers to individual trees (T1, T2 etc), groups of trees (G1, G2, etc), woodlands (W1, W2, etc) and/or areas of trees (A1, A2 etc). Trees in a Conservation Area do not usually have individual reference numbers but they should be clearly marked on your plan. It is important that you provide an accurate sketch or plan so that the correct tree(s) can be easily identified. Applications without a plan showing the location of the tree(s) will not be accepted.
3. The Tree(s) and the Applicant’s Interest in Them
The Council normally consults anyone with a known interest in the tree(s), or anyone who may be affected by proposed works. The tree(s) may, for example, overhang the boundary between two properties. It would, therefore, be helpful to know the names and addresses of anyone, such as any neighbours, who might be affected by the proposed works. If you do not own the tree(s) you must give the name and address of the owner as the Council needs to consult them about your proposals. Consent from the Council for works to protected trees does not override any other permissions (such as consent from the tree(s) owners) you might require prior to commencing works and the Council can take no liability for disputes between neighbours as a result of consent for works being granted.
4. Details of Proposed Works
The Council needs to be able to form a clear picture of the works proposed and the reasons for carrying them out. Applications simply stating ‘cut back’ or ‘lop off some branches’ or applications not clearly stating the reasons for the works will not be accepted. Deciding on any appropriate or necessary works is a specialised skill best determined by an arboriculturalist or an appropriately qualified and experienced tree surgeon. The Arboricultural Association produces lists of approved consultants and contractors as well as a range of advisory leaflets. A list of competent local tree surgeons is also available. Contact Colin Marlee, Green Spaces Strategy Manager, on Tel 01670 535312
You should ensure that any contractor you engage to carry out tree works has appropriate insurance cover for public liability and other risks (usually not less than £2 million).
Tree Preservation Application Form
TPO APPLICATION FORM
Procedures, the Law and Further Information
You will receive an acknowledgement of your application within 7 working days of its receipt by the Council outlining the timetable for dealing with your application and including a contact name should you have any enquires. The Council is required to maintain a public register of applications and this is available at the Council Offices, Longhirst during office hours.
The Council will try to complete consultations no more than 4 weeks from the receipt of your application and officer(s) will visit the site to assess the proposed works (unless this has already been done), though this may not be within the 4 week period. The Council may also consult other authorities or groups, such as the Parish and/or County Council’s, and anyone else who may have an interest in the tree(s). Site notices may be posted or public notices placed in the local press if necessary. The Council will endeavour to issue a decision within 8 weeks for a TPO (6 weeks for Conservation Area trees) and notice of the decision will be sent to you or your agent. If you do not receive notice of the Council’s decision within 8 weeks of receipt of a TPO application you can appeal to the Secretary of State for the Environment by writing to the address below. You do not have to appeal after the deadline and the Council will continue to consider your application and issue a decision as soon as possible. If you do not agree with the Council’s decision you will still be able to appeal to the Secretary of State.
Casework Team
Government Office for the North East
Citygate
Gallowgate
Newcastle upon Tyne
NE1 4WH
tel: 0191 202 3686
fax: 0191 202 3744
email: casework@gone.gsi.gov.uk
For applications for works to trees in a Conservation Area the Council must decide whether to allow the works or make a TPO to bring the tree(s) under it’s general control. If you do not receive notice of the Council’s decision within 6 weeks then the works may go ahead without further reference to the Council.
The legislation dealing with protected trees is contained mainly within Sections 197-214 of the Town and Country Planning Act 1990. The maximum fine for the unauthorised destruction of a tree protected by a TPO is £20,000 (per tree) in a Magistrates Court. The fine may be unlimited if the case is considered in Crown Court. Fines for unauthorised works to a protected tree which do not result in its destruction, can be up to £2,500. Similar fines apply for unauthorised works to trees in a Conservation Area.
Further guidance is available, free of charge, in ‘Protected Trees’, a leaflet published by central Government. A more detailed account can be found in the booklet ‘Tree Preservation Orders - A Guide to the Law and Good Practice’, also published by central Government, available from the address below. Both can also be viewed on the website at www.communities.gov.uk.
Publication Sales Centre, Unit 8, Goldthorpe Industrial Estate, Goldthorpe, Rotherham, S63 9BL
Tel: 08701 226236 www.communities.gov.uk
The Arboricultural Association produces a wide range of guidance and advisory leaflets regarding arboriculture and the management of trees.
The Arboricultural Association, Ampfield House, Romsey, Hampshire, SO51 9PA
Tel: 01794 368717 www.trees.org.uk or email admin@trees.org.uk
CHECKLIST
Have you provided: 1. A PLAN SHOWING THE LOCATIONS OF THE TREE(S)
2. COPIES OF ANY SUPPORTING DOCUMENTS SUCH AS A
3. TREE SURGEONS REPORT
4. A COMPLETED, DATED AND SIGNED APPLICATION
Tree Preservation Orders within Castle Morpeth Borough Council
TPO LISTING
Tree Preservation Order Register
If you wish to view the schedule and plan relating to the TPO, (Tree Preservation Order), please obtain the relevant TPO reference number from the listing above, ie TPO 1, then click on the Interactive Planning link below and type in the reference to carry out the search.
TPO REGISTER