Applying to carry out works to trees protected by a tree preservation order

Relevant to
Arboriculturists, tree consultants, tree surgeons, gardening and landscaping service businesses, and all those offering tree work; agents working on behalf of insurance companies and others who might apply for consent to fell or prune trees in England

Took effect on
1 October 2008

From 1 October 2008, new rules will apply when you wish to carry out work to trees protected by a tree preservation order (TPO). You will have to use a new mandatory standard application form for applications that you make on or after this date.

Applications

If you wish to apply to a local planning authority (LPA) for consent to cut down, uproot or prune any tree for which a TPO is in force, you must:

• apply in writing using the mandatory national standard application form or its electronic equivalent - where an LPA has consented to receive electronic applications
• provide all the requested information and specify the work for which you are seeking consent
• provide all the supplementary documents set out in the form, including a sketch plan identifying the tree or trees in question
• include in the application prescribed information - eg a statement of the applicant's reasons for making the request and evidence, including written evidence from a tree expert - where the tree is unhealthy or feared to be unsafe, or connected to damage to a property because of subsidence

If an application does not meet all of the above requirements, it will be invalid and the LPA will not have the power to consider it.

Appeals

A new 'fast track' system will apply should you intend to appeal against an LPA decision regarding works to a tree or trees protected by a TPO or a tree replacement notice.

The new appeals process will no longer require the submission of written representations. This is because applicants will already have provided all the information in advance as part of the application itself. This will enable the Planning Inspectorate to more quickly make decisions upon receiving an appeal in the prescribed way.

• Find out how to make an application in four quick steps on the Planning Portal website - Opens in a new window
• Download a guide to tree preservation procedures from the Communities and Local Government website (PDF) - Opens in a new window

Full title of regulation
Town and Country Planning (Trees) (Amendment) (England) Regulations 2008 [SI 2008 2260]

From
Communities and Local Government

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