Tree Preservation Orders
Introduction
From time to time the Borough Council receives requests to impose Tree Preservation Orders (TPOs) on individual trees or woodlands.
Such requests may be received from a variety of individuals, amenity groups or Parish/Town Councils because there is reason to believe that a healthy tree or woodland with amenity value may be under threat from felling or other actions harmful to the tree either now or in the future. Whilst the legislation does not define amenity, TPOs will be used to protect selected trees and
woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public. Trees should be visible from a public place and be worthy of their preservation because of their intrinsic beauty, their contribution to the landscape, they screen an eyesore or future development or valued because of their scarcity. There may be a risk to the tree from other pressures such as possible new development.
This Good Practice Guide describes the procedures to be undertaken by Vale Royal Borough Council when receiving requests for a TPO.
Please note more information is available in the DETR booklet "Tree Preservation Orders" A Guide to the Law and Good Practice (2000) (External link). This Good Practice Guide supplements this publication and provides local interpretation.
Information required by Vale Royal Borough Council to respond to a request for making a TPO
An initial approach to the Borough Council requesting trees or woodlands to be protected by a TPO may be made on the telephone, however, to formally consider the request the Council will need to gather the following information which is to be provided:
- A plan showing the precise location of the trees so that individual trees or groups can be specifically identified
- Photographs of the trees
- A statement outlining: why the trees should be protected by a TPO and why there is a threat to their well being. The value of the trees to the immediate and surrounding area, particularly when viewed from public vantage points should also be provided
- Confirmation that the trees appear to be in a healthy condition would also be helpful
How will the Council respond to the request
If the Council receives an urgent notification by telephone that trees of amenity value are about to be or are being felled or harmed in any other way, a Council Officer will visit the site as soon as practical and normally on the day the notification is received. The person making the report should be informed as to the date and when the site visit takes place. The owner of the land on which the trees are situated must also be informed. Private land will not be entered without the landowner's permission.
If the officer considers the trees to be of amenity value and visible from a public place, an emergency order should be served on the owner or operator of the site on the same day. Details of the trees concerned will be recorded as below. Where the request is not urgent, the Council will acknowledge the request by letter on the same day it is received, but additionally may request further information.
The Case Officer will visit the site within five working days and depending on the information already received, may take detailed notes and mark on plans the positions of the trees and record them on photographs. Particular attention will be paid to the need for photographs from public vantage points and to assess the contribution of the trees to amenity in terms of public visibility, their individual impact and their wider impact. The same details of the timing of site visits will be provided as above.
Where a request to impose TPO is received, the Case Officer will inform the Planning Control Manager or the Head of Planning and Building Control of the request on the day it is received and confirm the appropriate action to be taken.
The decision to make a TPO
It is essential that the Council have in its possession robust evidence of a threat or other risk to the trees subject of the
request for a TPO, this can include:
- Any planning history for the site.
- Live and previous planning applications, especially where loss of trees was a reason for refusal of permission.
- Details of any change in ownership.
- The new owner may have a history of tree felling or developing sites where trees are felled.
There may be a risk to the trees from development pressures or other evidence may be useful such as signed letters from those
making the request.
Before deciding to make a TPO the Council should provide to the landowner on which the trees are situated any evidence submitted in support of the request to impose a TPO.
Making a TPO
Once the officer is satisfied that there is sufficient evidence to confirm that the trees are threatened or at risk and are of
sufficient amenity value to justify a TPO, i.e. it is "expedient in the interests of amenity to make provision for the preservation of trees or woodlands", the agreement of the Head of Planning and Building Control Services or the Planning Control Manager will be necessary. This will be within 10 working days of the request being received.
Once this is obtained, the necessary documentation will be sent to the Council's Legal Services for the order to be made. It will be
served on the owner and all people with an interest in the land.
The appropriate Parish/Town Council and Council Ward Members, amenity societies and neighbours will be notified. A copy of the order is also posted on site.
Legal Services will be expected to serve the order within three days of the request being received from Planning and Building Control Services.
Once the order is made and served, it comes into effect on the date it is made. The Council will consider any objections and representations received in writing within 28 days of the date of the notice inviting objections or representations. The Council will also respond positively to any requests made by objectors to carry out a site visit. Such a site visit will take place and will include relevant officers and members.
The Council will take into account all duly made objections and representations before deciding whether to confirm the order. All objections will be acknowledged by the Council within three days of receipt.
Confirming the order
Any objection to the order, which cannot be resolved by negotiation, will be reported to the Council's Planning Committee for members' consideration. Those wishing to record their views in public will be given an opportunity to speak at the Planning Committee; the Tree Preservation Order Public Speaking page details the procedures. A copy of the committee report should also be sent to proposed speakers.
A site visit may be deemed necessary. Site visits to inspect the site and trees subject of the proposed TPO will be attended by the Chairman and Vice-Chairman of the Planning Committee plus the Planning Control Manager. The Chairman or Parish Council Clerk will also be invited. The landowner or objector will be notified of the date of the site visit but not invited to attend.
Permission will be sought from the landowner to visit the site if it is necessary to go onto the land.
The Committee report will be detailed and comprehensive, photographs and plans of the site will be available for members' consideration and viewing plus a description of the trees, background to the request to impose a TPO with reasons and a thorough officer assessment. Any objections or supporting representations will also be fully recorded and commented on. In event of the Council deciding to appoint an independent Consultant to assess the trees, such a person will follow the same procedures as the Council's officer in responding to the request to impose a TPO as detailed in this Good Practice Guide.
The Committee will decide to confirm the order with or without modifications or not confirm the order.
Legal Services will be informed of the decision of the Planning Committee within one day of the meeting by the Committee Manager. As before all those with an interest in the land will be informed of the Council's decision by Legal Services within three days of the Council's decision.
Copies of all the TPO documents should be made available for public inspection.
High Court Challenge
The legislation provides no right of appeal to the Secretary of State against a TPO either when made or confirmed.
The validity of a TPO can be challenged by way of an application to the High Court provided it is made within six weeks of the decision by the Council to confirm the order. It is therefore essential that Legal Services notify all people affected by the TPO without delay i.e. within three days of the Council's decision.
Accessibility of TPOs
TPO is a charge on the land on which the trees are situated and so needs to be recorded within five days of the Council's decision in the Local Land Charges register.
The Planning and Building Control Services will make a copy of the TPO available at Wyvern House, Winsford for public inspection at all reasonable hours, free of charge.
N.B. Please note that this practice notice is not intended to be a comprehensive guide to all aspects of Tree Preservation Orders.
More detailed advice is contained within the publication A Guide to the Law and Practice (External link).
Further Information
This information is taken from a series of advice notes for users of the Service which provides details of procedures aimed at improving services. The Council actively encourage views from its customers on service improvements. To make enquiries regarding TPOs please telephone 01606 867722.
The Planning Control Duty Officer is available for advice by contacting Tel: 01606 867770 or via e-mail: dutyplanningofficer@valeroyal.gov.uk.
Alternatively a personal visit can be made to the Council's offices at Wyvern House in Winsford, afternoons only from 1pm until 5pm Monday to Friday. The Council also operates a One Stop Shop (Winsford) where general advice on planning applications is available from 8.30am to 5pm Monday to Friday.
Download Information and Times
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Public Speaking at Meetings Leaflet (PDF Format) |
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Tree Preservation Orders Good Practice (PDF Format) |
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Last modified: 14 November 2008
