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. The decision on the costs application will be issued at the same time as the appeal decision is despatched. Similarly, any third party would be allowed to point out any factual matter that they have referred to in writing. Don’t include personal or financial information like your National Insurance number or credit card details. However, if you want to make a point that would be best illustrated by a plan or photograph, you should send a copy with the appeal form. 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. Please include your name and address on of the tree site on all emails. 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. Any costs application made by the council will be required to be submitted to us on or before the date on which the completed questionnaire is returned to us. 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. TPOs were originally introduced in the Town and Country Planning Act 1947 and the Town and Country Planning (Scotland) Act 1947. 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 … There is no separate right of appeal against a decision issued by an Inspector appointed by the Secretary of State. Customer Quality Unit 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. If your application/appeal does not specify the proposed works clearly enough it will be deemed invalid and we will turn it away. 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. 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. When validated we will issue a reference number which you should use at all times. If you do not send your appeal documents to the council we may decide that your appeal is invalid. 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. There are also explicit statutory/legal obligations on us in respect of that casework. The Department for Communities and Local Government (CLG) has issued guidance about Tree Preservation Orders as part of the Planning Practice Guidance suite. For example, a hearing could have a written representations element to deal with a certain issue and an inquiry could have hearing (round table discussion) and/or written representations elements, if those approaches are considered more appropriate to deal with certain issues. If you are unhappy with the way the Inspectorate processes your personal information then you should first contact the Inspectorate’s Data Manager. Bristol Your application must be supported by a full statement on why an award of costs is considered justified. 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. Tree preservation orders (TPOs) protect single trees, groups of trees or areas of woodland. 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. 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. 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. The statement does not have to be in any particular format and it can be submitted on paper or electronically. As soon as practicable after receipt of all of the necessary information we will write to you and to the council to give notice of the start date for your appeal. If you have any complaints about the decision or the way we have handled your appeal please write to: The Planning Inspectorate 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. If you fail to provide us with information required to validate your case then we may not be able to consider it. 8Tree Preservation Orders: A Guide to the Law and Good Practice – Addendum 6.51 Where an application relates to a number of different operations on one … 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. 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. failure to take an important factor into account, had been made or that procedural aspects of the appeal were seriously defective. 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. 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. where the application has been made by a neighbour), local residents or groups. As part of that process, the council also send us information from their consideration of the case. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. 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. Our Inspectors bring their own experience, knowledge and judgement to all evidence presented to them. (Scotland) Act 2006) and the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010. If a tree is protected by a Tree Preservation Order, you CANNOT do any of the following without consent: fell or uproot the tree Comprehensive guidance on the award of costs is set out in the Planning Practice Guidance suite. 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. Temple Quay House 9. What happens if I decide to withdraw my appeal? Tree removal in non-rural areas (e.g. The Tree Preservation Order protects our tree / trees. This publication is available at https://www.gov.uk/government/publications/tree-preservation-order-procedure-guide/tree-preservation-orders-consents-for-works-a-guide-for-appellants, Appeals under Regulation 19 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. 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). 15 (1967) A947, Banff Road, Turriff. Although we have discretion to accept late appeals, this is only exercised when an appellant has very exceptional reasons for having been unable to comply with the statutory timetable. 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 cannot introduce any new reasons for the appeal. A tree is protected if it is covered by a Tree Preservation Order (TPO), which is made by Mole Valley District Council (MVDC), or if it is located within a Conservation Area. 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. Community Legal Service (CLS) can help you to find the right legal advice. 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. 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