2 The Square This privacy notice provides information about our processing of personal information in respect of tree preservation casework in England. We will do our best to avoid any dates that you tell us are not convenient, but we cannot guarantee that we will be able to find a more convenient day. This means that if the reason you submitted on your application form was that the tree was causing overshadowing, you should not, on appeal make a claim that tree roots are causing subsidence. If the tree(s) in question is not situated in a garden but in a wood or park or on farmland we will ensure that all parties who are permitted to attend receive clear instructions about where to meet the Inspector. The onus is on the person who authorises the work to prove that the tree was dead or dangerous — this can cause problems if the tree is felled and removed, as then there is no proof of its condition. Our processing of personal information is necessary for the effective determination of the case and is therefore necessary for the performance of a task carried out in the public interest. We may require the council to place a notice of a hearing in a local newspaper not less than 2 weeks before the hearing is due to open. Third parties may include the owner or occupier of the land where the tree is situated (e.g. BS1 6PN, e-mail: treeandhedgeappeals@planninginspectorate.gov.uk We may use third party service providers to assist us in the provision of our service – for instance through the provision of information technology services). Felling or working on a dead or dangerous tree. The completed appeal form and any supporting documents must be received by PINS. The Inspector will conduct the inspection in the company of the main parties unless one party drops out or is unhappy about giving another party access to their land, in which case an unaccompanied site visit will take place (see section 10). Although there is no charge for submitting appeals, they are expensive to administer and time-consuming for everyone and so should not be made lightly. However, if it becomes apparent that an appeal is not suitable to proceed via that procedure, we may determine, during the course of the appeal, that a hearing or inquiry should be held, or that a ‘combined procedure’ would be appropriate, which could itself include a written representations element, as described above. TPOs make the felling, lopping, topping, uprooting or otherwise willful damaging of trees without the permissio… Third parties will be heard in the order determined by the Inspector. If you are still not happy, or for independent advice about data protection, privacy and data sharing, you can contact: The Information Commissioner's Office This means that fruit trees are not automatically exempt unless they are actively being used for a business. If you do not send your appeal documents to the council we may decide that your appeal is invalid. In the majority of cases, TPOs are made where it has been clearly demonstrated that trees of public amenity significance are under threat of damage or removal. No council representative will be present at the visit and for this reason it is particularly important that you or your representative do not attempt to engage the Inspector in conversation about the merits of the appeal, although points of particular interest can be drawn to the Inspector’s attention. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. There is no statutory obligation on interested parties to participate in a case. https://ico.org.uk/. The witnesses are then re-examined by the council, but this must be strictly confined to matters raised in cross-examination, the Inspector may ask you, the council and witnesses questions to obtain relevant information. Protected trees: a guide to tree preservation procedures, file type: PDF, file size: 76 KB PDF 76 KB If you need a more accessible version of this document please email digital@gov.wales. You cannot introduce any new reasons for the appeal. Tree removal in non-rural areas (e.g. If you are concerned about a particular tree in your area and would like us to consider making a Tree Preservation Order then please email planning@solihull.gov.ukproviding the following details: 1. details of the location of the tree, including a sketch plan showing the position of the tree 2. the species of the tree 3. the reasons why you would like the see the tree preserved We will then make a formal assessment of the tree assessing: 1. amenity - including the condition of the tree, the retention span and public visibilit… The information requested must be submitted within the period we specify and, unless you/the council can provide exceptional reasons for not being able to meet a deadline, we will reject submissions that are received after the specified period. Please include your name and address on of the tree site on all emails. You do not need to submit the documents already held by the council because they will be forwarded to us at a later stage (see section 7 of this guidance). You need to specify clearly the works for which consent is sought. However, while on site, those in attendance will be allowed to point out things that have been referred to in the written statements. If appropriate, expert opinions should also be obtained and backed up with evidence. Current tree preservation orders in England and Wales are made under the Town and Country Planning Act 1990 and the Town and Country Planning (Tree Preservation) (England) Regulations 2012.[1]. Wilmslow, Cheshire, Representations can only be taken into consideration if they are made known to both parties and, in the interests of transparency, representations will also normally be made publicly available. Please be aware as well as Tree Preservation Orders, trees can also be protected by planning conditions and by being within Conservation Areas. Within 8 weeks of the start date you and the council may comment on each other’s statements made before the 6-week deadline and on any comments submitted by third parties. We have a duty to decide all appeals as efficiently and cost-effectively as possible whilst giving equal opportunities to all parties to produce valid evidence. We will normally let you know if this applies. During the appeal process we will ask you whether the tree(s) can be inspected at close quarters from public land, a footpath, the roadside or whether it is (they are) on readily accessible private land e.g. This page was last edited on 17 November 2020, at 09:16. We will also request the council to notify any third parties so that they may attend if they wish to. In general, whether your appeal proceeds under the fast-track procedure or is heard by an Inspector at a public hearing or inquiry you must meet your own expenses. BS1 6PN, Alternatively, you can contact our respective sponsor’s Data Protection Officer directly (please make clear that your query/complaint relates to the Planning Inspectorate) MHCLG. A TPO makes it an offence to cut down, uproot, prune, damage or destroy a tree or its parts without prior consent from the LPA. They will investigate your complaint and will reply as soon as possible. Please use the map or criteria search facilities (from the menu options above) to carry out searches on all TPO records. If a tree is protected by a Tree Preservation Order, you CANNOT do any of the following without consent: fell or uproot the tree Should your appeal be unsuccessful there is nothing to stop you from making a further application to the council. Your appeal should relate to the same works as those specified in your application to the council. We must receive your statement of case, which sets out your side of the argument, within 6 weeks of the start date unless you intend to rely only upon the grounds that you entered onto your appeal form. A tree preservation order (TPO) is a part of town and country planning in the United Kingdom. The Inspector will only consider the matters that were before your council when the decision on your application was made. 3H Hawk Wing If it becomes apparent that the hearing procedure is unsuitable, we may change it to an inquiry, written procedure or combined procedure at any point before a decision on the appeal is made. Any documents sent to use by post must also include your name and the address of the tree site. Normally this requirement is fulfilled by obtaining a report by a qualified person made before the works are done. In Scotland, similar provision is made under the Town and Country Planning (Scotland) Act 1997 (amended by the Planning etc. These Orders prohibit the: You may also obtain a form. An appeal to the Secretary of State must be triggered by a decision issued by a council in response to an application for consent to cut down or carry out work on a protected tree, or by that council’s failure to issue a decision within 8 weeks of the date on which the application was received. A site visit will be undertaken regardless of the procedure unless, due to very exceptional circumstances, we decide that an inspection is not required. At 2019 the Welsh assembly is proposing separate Welsh legislation. Community Legal Service (CLS) can help you to find the right legal advice. You will find more detailed information about the Planning Inspectorate at: https://www.gov.uk/government/organisations/planning-inspectorate and in the Inspectorate’s Annual Report and Accounts which can be found on the website or bought from Government bookshops. a solicitor or arboriculturalist) to help you make your appeal, you will have to pay for their services. It also creates a duty to replant a tree removed without consent. When we receive your appeal, we will check that you have completed the form correctly, that you have a right of appeal against the decision in question (see section 2) and that it has been received within the statutory deadline. We do not accept anonymous representations, but you may ask for your name and address to be withheld. Tree Preservation Orders and trees in conservation areas (Government publication), https://en.wikipedia.org/w/index.php?title=Tree_preservation_order&oldid=989147804, Creative Commons Attribution-ShareAlike License. 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