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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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.
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.
A section 211 notice gives the authority an opportunity to consider whether to place a Tree Preservation Order on a tree.
By default, consent for works on trees under a Tree Preservation Order is valid for two years beginning with the date of its grant.
The types of trees that can can be protected under a TPO are as individual trees, groups, woodlands or conservation areas.
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.
The Local Planning Authority’s consent is not required to prune or maintain fruit trees if it is part of their normal cultivation.
There are a number of exemptions to trees protected by a TPO, for example removing dead branches from a living tree.
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.
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.
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.
The Local Planning Authority can enforce the replacement of trees by serving a tree replacement notice.
Veteran trees are also protected under TPOs, similar to all other trees. This would be under a group TPO rather than individual ones.
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.
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.
The person responsible to find out about TPO trees on a large project is usually the sub-consultant who has prepared the tree survey.
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.