A Local Planning Authority can deal with a section 211 notice in one of three ways. Make a TPO or decide not to make an Order with or without informing the applicant.
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Section 3
For consent under a TPO, the LPA should assess the impact of the proposal on the amenity of the area and whether the proposal is justified.
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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.
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A section 211 notice gives the authority an opportunity to consider whether to place a Tree Preservation Order on a tree.
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By default, consent for works on trees under a Tree Preservation Order is valid for two years beginning with the date of its grant.
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The types of trees that can can be protected under a TPO are as individual trees, groups, woodlands or conservation areas.
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When there’s no formal designation on a tree but it is positioned in an area with any designation, it should…
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The LPA’s consent is not required for any works on a tree protected by an TPO to enable the implementation of a highway order.
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The Local Planning Authority’s consent is not required to prune or maintain fruit trees if it is part of their normal cultivation.
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There are a number of exemptions to trees protected by a TPO, for example removing dead branches from a living tree.
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The Crown must give six weeks’ notice for works to trees in a conservation area, unless an exception applies or the Local Planning Authority has given consent.
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If a tree protected by a TPO was in a condition that required removal, any such request to the LPA would be based on a specialist’s report.
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If a contractor that was working for a client accidentally damaged a TPO tree, the responsibility lies with him, not the one who recommended or appointed him.
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The Local Planning Authority can enforce the replacement of trees by serving a tree replacement notice.
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Veteran trees are also protected under TPOs, similar to all other trees. This would be under a group TPO rather than individual ones.
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Part VIII of the Town and Country Planning Act (as amended), Town and Country Planning (Tree Preservation) (England) Regulations 2012 and Section 192 of the Planning Act 2008.
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If you wish to protect a tree under a Tree Preservation Order (TPO), you need to contact the Local Planning Authority that is responsible for that tree.
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The person responsible to find out about TPO trees on a large project is usually the sub-consultant who has prepared the tree survey.
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If the development includes works on a TPO tree you first need to inform (using a Section 211 Notice) and consult with the Local Planning Authority.
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