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. 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%. You may also obtain a form. 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. Should your appeal be unsuccessful there is nothing to stop you from making a further application to the council. 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. 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… We use cookies to collect information about how you use GOV.UK. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. A hearing will usually be a more appropriate forum to consider tree appeals, unless the case involves cross-examination of a number of witnesses or generates such interest that large numbers of people wish to attend. When we are satisfied that we have all the relevant documentation, we will pass the appeal file to the Inspector who will conduct a site inspection, unless we decide that a site visit is unnecessary, but this will happen very rarely. Water Lane If more than one document is referred to in your statement of case and will be submitted as evidence, an index should be provided and each page of the statement numbered. If the appointed Inspector considers that a ‘combined procedure’ is appropriate, the parties may be invited to comment before a decision on any ‘combined procedure’ is finalised. 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. a solicitor or arboriculturalist) to help you make your appeal, you will have to pay for their services. We will also request the council to notify any third parties so that they may attend if they wish to. 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. If you are unable to attend on the date fixed for your hearing, you should consider sending somebody to present your case for you. We’ll send you a link to a feedback form. However, you should be mindful of costs implications if you have asked to be heard and only withdraw your appeal at a late stage (see section 16). Each party will only get the full benefits of the hearing if you, the council and the Inspector have an opportunity to consider the issues beforehand. 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. A TPO can apply to a single tree, a group of trees or 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. an official decision that a building or area has special value and must be kept in good condition: This avenue of mature trees has a preservation order on it. If you choose to be heard interested parties may attend the hearing or inquiry and request permission to speak. You must use this opportunity to ask questions only. 2 The Square, Temple Quay The Business and Planning Act 2020 provides greater flexibility, allowing appeal procedures to be combined.1 Therefore, if we decide initially that an appeal should be dealt with through a hearing or an inquiry, the appointed Inspector may subsequently also consider, based on the submitted evidence and relevant issues, whether a ‘combined procedure’ might be appropriate, on an issue by issue basis. Any size, species or age of tree can be protected by a TPO. Appeals proceeding by the written representations route will not normally be combined with other procedures and will follow the written representations procedure. What is a Tree Preservation Order? Bristol BS1 6PN, email: feedback@planninginspectorate.gov.uk. If you decide not to send a statement of case within 6. weeks you will still be given the opportunity to comment on the statements and representations submitted by the council and third parties (see The 8-week deadline below). 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 (Scotland) Act 2006) and the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. 3B Eagle Wing A hearing is a round table discussion which is led by the Inspector. When submitting your appeal to us please attach a copy of the council’s decision, where they have issued one. If you fail to provide us with information required to validate your case then we may not be able to consider it. 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. The document is also sent to Legal Services in the Chief Executives Department asking that the Tree Preservation Order is registered with the Keeper at the Registers of Scotland. At a hearing third parties have no right to speak, but may be heard at the discretion of the Inspector. Tree preservation orders (TPOs) protect single trees, groups of trees or areas of woodland. A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands. A Tree Preservation Order (TPO) is an Order made by the City of London and can apply to a single tree, a group of trees or a woodland. We do not accept anonymous representations, but you may ask for your name and address to be withheld. 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. Unless a shorter period of notice is agreed with you and the council we will give at least 4 weeks notice of the arrangements for a hearing. 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. Finding out Whether a Tree has a Tree Preservation Order See our related downloads for an Index of Tree Preservation Orders in the Southend Borough. This guidance relates only to appeals in England. If the tree is situated on a neighbouring property we will also consult with the owner in order to arrange access to the land in question, if it is deemed to be appropriate. It is not enough to submit a vaguely worded application or to merely say that you intend to make an application for costs. Trees that are subject to a preservation order cannot be felled unless the owner applies for … Yes Tree(s) identified, plotted and classified Order prepared and made Order served and made available to public Any objections? 15 (1967) A947, Banff Road, Turriff. You can access the guidance via the internet: Tree Preservation Orders and trees in conservation areas Planning Practice Guidance. Typically these are: Given our lawful basis for processing information, your rights to erasure, data portability and to object to the processing of your information may not apply and we do not use automated decision making or profiling. As soon as is reasonably practicable, after receiving an appeal, we will send the council a questionnaire which we shall copy to you. The Fast Track (written) procedure is one where by an Inspector will make a decision based upon the documents submitted with the appeal and also upon documents submitted as a result of a questionnaire sent to the council. If you do not send your appeal documents to the council we may decide that your appeal is invalid. The Town and Country Planning (Tree Preservation) (England) Regulations 2012. We will normally let you know if this applies. Third parties may include the owner or occupier of the land where the tree is situated (e.g. Works to fruit trees cultivated in the course of a business for fruit production, as long as the tree work is in the interests of that business. They aim to reply to 80% of all correspondence within 20 working days. 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). 3A Eagle Wing If you refuse the first date, we will choose an alternative. 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). The Inspector may proceed to a decision in the absence of any representations if it appears to him/her that there is sufficient information to enable a determination to be made. if you are objecting to the Forestry Commission’s refusal of a felling licence application (even where the tree in question is covered by a TPO), within 28 days of the date of the council’s decision, or any later date set out in it, at any time after the date upon which the council’s 8 week determination period expires if they have failed to issue a decision, the Inspector will introduce him/herself. To be successful you would have to show that a serious mistake e.g. It makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy protected trees without prior written consent from your local authority. 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. The personal information normally includes name and contact details and any other personal information within the representations themselves. If a tree is protected by a Tree Preservation Order, you CANNOT do any of the following without consent: fell or uproot the tree However, while on site, those in attendance will be allowed to point out things that have been referred to in the written statements. Please include your name and address on of the tree site on all emails. You must tell us about works to trees within a conservation area with a trunk diameter of 75mm or … 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. Permission to bring a challenge will only be granted to someone other than you where they are able to satisfy the court that they have both sufficient interest in the matter and a reasonable case to put forward. When we receive your appeal we will write to the council, copying the letter to you, asking for preliminary information. Our Inspectors bring their own experience, knowledge and judgement to all evidence presented to them. The decision on the costs application will be issued at the same time as the appeal decision is despatched. This means that if you employ a professional adviser (e.g. Community Legal Service (CLS) can help you to find the right legal advice. Wycliffe House Wilmslow, Cheshire, 2 The Square If appropriate, expert opinions should also be obtained and backed up with evidence. Normally this requirement is fulfilled by obtaining a report by a qualified person made before the works are done. If the tree cannot adequately be viewed from public land the Inspector will need to be given access and we will write to ask you either to be there yourself, or to arrange for a relative or friend to be there, simply to facilitate access to the tree (s). When preparing your statement you should bear in mind that evidence will not necessarily be accepted just because it has not been challenged by another party. Telephone: 0303 444 5570. 2 The Square However, PINS cannot reconsider your appeal if the decision has already been issued unless the decision is overturned in the High Court (see section 19 below). 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. Comprehensive guidance on the award of costs is set out in the Planning Practice Guidance suite. 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. A word version and a Pdf version are available (Please note for the PDF version you will need Adobe Professional software. The Inspector will usually adjourn the hearing to the site and allow further discussion to take place there before closing it. When completing the appeal form you must explain fully why you disagree with the council’s decision, where one has been issued. However, if you are simply repeating your application you may be asked to provide evidence that the circumstances have changed since you last applied. 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 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. The Planning Inspectorate - who we are and what we do, Tree preservation order appeals: procedure guide, nationalarchives.gov.uk/doc/open-government-licence/version/3, treeandhedgeappeals@planninginspectorate.gov.uk, award of costs is set out in the Planning Practice Guidance suite, https://www.gov.uk/government/organisations/planning-inspectorate, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, any condition attached to the council’s consent, the council’s refusal/failure to notify the applicant of their decision within 8 weeks from the date they received the application, (in these circumstances the application is deemed to have been refused). Regardless of who is speaking, the Inspector may refuse to hear evidence that is irrelevant or repetitious or offensive, the council calls their witnesses in turn to give evidence. If it becomes apparent that the inquiry procedure is unsuitable, we may change it to a hearing, written procedure or combined procedure at any point before a decision on the appeal is made. This document contains revised guidance on the ability to combine appeal procedures introduced by the Business and Planning Act 2020. 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. When we process your personal information we will comply with the Data Protection Act. How the combined procedure should operate is at the discretion of the Inspector on a case by case basis. The personal information that we use is provided to us by the parties making, or taking part, in that case. Temple Quay House 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. There is no charge for making an appeal but you will have to pay your own costs. 3rd Floor Temple Quay House As indicated in section 6, we will keep the determined procedure under review. A Tree Preservation Order (TPO) has been made at some time to cover that tree; A planning condition has been made at some time to cover that tree; The tree is within a conservation area (in fact, this one is not strictly protection but merely requires that the owner gives notice to the council of their intention to do works). SK9 5AF, Telephone: 0303 123 1113 or 01625 545 745 Guidance, the Inspector third party would be allowed to point out any factual matter that they referred... 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