If the Inspector considers that you are making a statement rather than asking questions, or if your questions are repetitive, he/she will stop you. He/she will then explain how the inquiry will continue, the Inspector will then identify the likely main issues – again referring to the preinquiry meeting if there was one, and the position on the receipt of proofs of evidence, you (or your representative) and the council may be invited to make a brief opening statement of not more than 15 minutes, the council will give evidence first and you will then have the right to make your case in full. The decision on the costs application will be issued at the same time as the appeal decision is despatched. 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. 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). If you choose to be heard interested parties may attend the hearing or inquiry and request permission to speak. As indicated in section 6, we will keep the determined procedure under review. If you fail to provide us with information required to validate your case then we may not be able to consider it. You should keep an additional copy of your appeal form and supporting documents for your own reference. 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. You should be aware that the information provided is copied to other parties and can be made publicly available. This guidance sets out the procedures for appeals made to the Secretary of State under regulation 19 of The Town and Country Planning (Tree Preservation) (England) Regulations 2012 against decisions issued by councils in respect of applications for consent to cut down or carry out work on a tree protected by a tree preservation order. A TPO is made by a local planning authority (usually a local council) to protect specific trees or a particular area, group or woodland from deliberate damage and destruction if those trees are important for the amenity of the area. You can search their website at: http://www.clsdirect.org.uk or telephone them on 0845 3454345. An appeal decision can be challenged by applying to the High Court for a review under s288 of the Town and Country Planning Act 1990, which could lead to the quashing of the decision and reconsideration of the appeal. Order confirmed Parties informed. Its primary function is to determine appeals. You need to specify clearly the works for which consent is sought. If a tree is protected by a Tree Preservation Order, you CANNOT do any of the following without consent: fell or uproot the tree in an open-access front garden. If you have any complaints about the decision or the way we have handled your appeal please write to: The Planning Inspectorate The personal information normally includes name and contact details and any other personal information within the representations themselves. To help us improve GOV.UK, we’d like to know more about your visit today. If you intend to call somebody to speak on your behalf their statement should be included in your statement of case. When submitting your appeal to us please attach a copy of the council’s decision, where they have issued one. When submitting an appeal electronically please do not send an additional paper copy. 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. You must tell us about works to trees within a conservation area with a trunk diameter of 75mm or … The appointed Inspector will consider the information provided and reach their decision, providing both the outcome of the case and their reasons for it. If appealing against a refusal of consent to fell a tree or against a condition requiring replacement planting you should indicate the species and size of any tree/s you would be prepared to plant if the appeal were to be allowed. The personal information that we use is provided to us by the parties making, or taking part, in that case. Anyone who is considering an application to the court is strongly advised to seek legal advice. If you request this then your name and contact information will be removed, including in the version provided to the Inspector, and your representation may receive less weight as a result. In fast-track appeals the decision on the costs application will be dealt with after the appeal decision has been issued and will involve an exchange of written representations between the applicant and the party against whom the application is brought. It is placed on attractive trees, or which enhance the appearance of an area.. Appeals proceeding by the written representations route will not normally be combined with other procedures and will follow the written representations procedure. This means that fruit trees are not automatically exempt unless they are actively being used for a business. Certified copies of the Order with accompanying map can be viewed, at the council offices at Towie House, Manse Road, Turriff, AB53 4AY and Woodhill House, Westburn Road, Aberdeen AB16 5GB, between the hours of 8.45am and 5.00pm, Monday to Friday. These Orders prohibit the: If it becomes apparent that the written procedure is unsuitable, we may change it to a hearing, inquiry or combined procedure at any point before a decision on the appeal is made (subject always to any notification and procedural requirements). 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. A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands. 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. We will only be able to do so if the changes do not materially alter the nature of the application and no one who should have been consulted would be prejudiced by our doing so. The Customer Quality Unit will reply to you, or they will ask someone else within PINS to reply if they have specialist knowledge of the issues raised. This guidance sets out the procedures for appeals made to the Secretary of State under regulation 19 of The Town and Country Planning (Tree Preservation) (England) Regulations 2012 … It will take only 2 minutes to fill in. If we decide that the works you have applied for are so vague that we cannot be sure how much work is involved, we may decide that the appeal is invalid and reject it. Normally this requirement is fulfilled by obtaining a report by a qualified person made before the works are done. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. When validated we will issue a reference number which you should use at all times. If a party fails to turn up on the appointed day the Inspector will decide the best course of action, which may mean that the visit is aborted and would have to be rearranged. A Tree Preservation Orders (TPO) is the legal mechanism to protect and preserve trees for public enjoyment, environmental and aesthetic purposes. Should your appeal be unsuccessful there is nothing to stop you from making a further application to the council. The following works normally do not require permission under any TPO: town and country planning in the United Kingdom, Town and Country Planning (Scotland) Act 1997, Town and country planning in the United Kingdom. They can be made very quickly and in practice it is normal for a council to make an emergency TPO in less than a day in cases of immediate danger to trees. Bristol 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. If you choose to be heard at a hearing you must meet your own preparation costs and any loss of income brought about by your attendance at the event. 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. Although you have a right to be heard, we will decide which procedure (hearing or inquiry) is adopted, although when reaching a decision we will take your views, and any views expressed by the council, into account. SK9 5AF, Telephone: 0303 123 1113 or 01625 545 745 This guidance relates only to appeals in England. However, a written application may be made if the party who asked for the hearing causes its cancellation at a late stage by requesting a change of procedure or by withdrawing the appeal, thus causing the other party unnecessary expense in preparing for it. 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. Only the reasons within the council’s decision and reiterating any reasons put forward by you at the application stage which have not been addressed by the council’s decision can be included on your appeal form. If you want to make a different case for the work applied for you should make a fresh application to the council. 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. The Inspector may also take photographs during the visit. 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]. Your statement of case and the council’s will be despatched by us to the other party at the same time. Our Inspectors bring their own experience, knowledge and judgement to all evidence presented to them. Such Orders restrict dealings with those trees affected, and prohibit the same being wilfully damaged or destroyed, uprooted, felled, topped or lopped. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. This privacy notice provides information about our processing of personal information in respect of tree preservation casework in England. If, at any stage of the appeal process, we, or the Inspector, decide further information is required we will write to you and/or the council to request it. You can also find them at: http://www.legislation.gov.uk/. Temple Quay where the application has been made by a neighbour), local residents or groups. As set out above and in our guidance, the information we receive is copied to the case parties. Data Manager 9. The Secretary of State has delegated his appeal functions to the Planning Inspectorate (known as “PINS” - see section 19: The Planning Inspectorate - who we are and what we do). 2 The Square The Authority may make a TPO if it appears to it to be; ‘expedient in the interests of amenity to make provision for the preservation of trees or woodlands in the area’. Your appeal should relate to the same works as those specified in your application to the council. How do I complain if I am not happy about the way my appeal has been dealt with? If you decide to withdraw your appeal you must confirm it in writing to us as soon as possible so that we may write to the other parties and let them know that we will take no further action on the appeal. The parties to an appeal relating to a decision on an application to carry out works to protected trees are: The council will forward to us any written representations made about the application by third parties, and the Inspector will take them into account when making the decision. We try to keep this as up to date as possible, but please make sure to confirm that your tree is not protected before carrying out any works. 2 The Square, Temple Quay The Inspector may reverse or vary any part of the council’s decision. The start letter will confirm the contact details of the case officer who will process your appeal, and the procedure to be adopted. When deciding which procedure to choose you should bear in mind that the fast-track process is considerably quicker and cheaper than the hearing or inquiry procedures. However, this is subject to any notification and procedural requirements, and provided always that we cannot impose an exclusively written procedure, if you or the council have exercised your right to be heard. TREE PRESERVATION ORDER DIRECTORY LOCATION ORDER No TYPE SITE SPECIFIC A33 115/09 (A1) Tesco Warehouse (former Berks Brewery) A33 5/16 (W1) Land between Island Road, River Kennet and A33 A33 12/18 The council then send us and you a copy of the completed questionnaire and any documents submitted with it. What happens if I decide to withdraw my appeal? Where possible we would prefer appeals to be made electronically however we do accept printed copies but this may delay the processing of the case, and these can be sent to, Tree and Hedges 3rd Floor Temple Quay House Tree and Hedges We use this information to make the website work as well as possible and improve government services. They aim to reply to 80% of all correspondence within 20 working days. Whether you attend the site visit or not will have no bearing on the decision since discussion is not permitted during the inspection and the Inspector will not accept any supplementary oral or written evidence on site. [2] Near equivalent legislation in Northern Ireland is the Planning Act (Northern Ireland) 2011. Save to My scrapbook Whatever the decision, when it is issued, our involvement in the appeal comes to an end and it is for the council to ensure that any conditions and deadlines that have been attached to the consent, where one is granted, are complied with. failure to take an important factor into account, had been made or that procedural aspects of the appeal were seriously defective. For instance, you may have originally applied for consent to crown thin a tree by reducing the percentage of leaf area by 40%, whereas on appeal you may seek a lesser reduction of 20%. Exceptionally there may also be a need for a pre-inquiry meeting (PIM) in order to agree the topics that will be discussed at the inquiry and those which will not be raised. What are the consequences of failing to provide your information? We will also request the council to notify any third parties so that they may attend if they wish to. You may also obtain a form. Please include your name and address on of the tree site on all emails. It is more informal and usually quicker than an inquiry and the Inspector will encourage the parties to focus upon the main issues of disagreement. You cannot introduce any new reasons for the appeal. (Scotland) Act 2006) and the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. A TPO can apply to a single tree, a group of trees or woodland. If you do not understand the reasoning set out in the council’s decision you should ask them for clarification before deciding whether to lodge an appeal. Yes Tree(s) identified, plotted and classified Order prepared and made Order served and made available to public Any objections? We will keep the determined procedure, including any combined procedure, under review during the appeal and may change it at any point before a decision on the appeal is made (subject always to any notification and procedural requirements). If your appeal is to be heard a costs application, regardless who is making it, should be submitted in writing before the hearing or inquiry is opened, but all applications must be made before the hearing or inquiry is closed. Third parties will not normally be invited to a site visit unless the tree is on their property or there is a need for the Inspector to view the tree from their property. We may issue a correction notice if we receive a request from any party in writing but when doing so will first seek the written permission of the applicant/landowner. A tree preservation order (TPO) in Castor has been approved. Exceptionally we may be able to accept your appeal even if you are seeking a variation to the works originally applied for. Bristol However, if you have concerns over the use of your personal information, or wish to exercise your rights, then please contact us at the address below. Tree preservation orders (TPOs) protect single trees, groups of trees or areas of woodland. 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. Third parties will be heard in the order determined by the Inspector. Where the answer to this question is yes an unaccompanied site visit will be arranged. Temple Quay House If the questions asked by the Inspector raise matters which could harm that party’s case additional re-examination will be allowed, this process is then repeated for you and your witnesses, only you and the council have the right to cross-examine, although the Inspector may permit other persons to do so if they have stated they wish to speak, the Inspector may then make arrangements for a site visit before formally closing the inquiry, rights in relation to automated decision making and profiling. Where there is a need for both the appellant and the council to be present at the site visit, an accompanied site visit will be arranged. 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 Regulation 16 of the Town and Country Planning (Tree Preservation)(England) Regulations 2012 – SI 2012 605 gives local authorities (this may be a district council or a unitary authority but we will call them “councils”) powers to deal with applications for consent to carry out works on or remove trees protected by preservation orders, to make decisions and issue consents with or without conditions. A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. 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. And when an appeal electronically you do not send your appeal we will with. 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