Guidance Notes for: When to use this form

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1 Guidance Ntes fr: Applicatin fr Tree Wrks: Wrks t Trees Subject t a Tree Preservatin Order (TPO) and/r Ntificatin f Prpsed Wrks t Trees in Cnservatin Areas (CA) Twn and Cuntry Planning Act 1990 When t use this frm Yu will nrmally need t cntact yur lcal planning authrity (LPA) befre any wrk can be carried ut n prtected trees. The LPA is usually the cuncil t which yu pay yur Cuncil Tax, but where the tree(s) are in the Brads Authrity area r a Natinal Park yu shuld cnsult the relevant Authrity. Prtected trees include thse cvered by a tree preservatin rder (TPO) r thse which grw in a cnservatin area. Yu will need t cntact the LPA even if yu wish t prune branches verhanging frm a neighbur s prtected tree. Yu shuld send ne cpy f the cmpleted frm t yur LPA. TPOs - If yu wish t carry ut wrk t trees prtected by a TPO yu must apply using this frm. Yur applicatin, and any subsequent appeal, will be decided n the basis f the infrmatin yu prvide nw, s it is wrth getting it right at the start Cnservatin areas - Yu must give six weeks' ntice befre carrying ut wrk t trees in a cnservatin area that are nt prtected by a TPO. Yu may use this frm fr this purpse r yu may send a letter r , which must still include the infrmatin required by the frm. This gives the LPA an pprtunity t cnsider whether a TPO shuld be made t prtect the tree(s) Permitted develpment - Yu must als apply r give ntice t yur LPA (as abve) if yu want t wrk n a prtected tree where yu are carrying ut develpment where full planning permissin is nt needed Planning permissin - Where full planning permissin has been granted yu might need t apply r give ntice t the LPA befre carrying ut wrk t prtected trees. Yu shuld check with the LPA t see what is required When nt t use this frm Yu d nt need t get the LPA's cnsent in a few special circumstances: when a tree is dead r dangerus, fr example. In this case yu are advised t speak t the LPA abut prpsed wrk, particularly felling (see Further Infrmatin belw.) Yu shuld be prepared t prve that the wrk falls within an exemptin. Befre yu apply Yu may wish t discuss yur needs with a cmpetent arbrist (tree surgen) befre cntacting the LPA. If the LPA are able t, it may be wrthwhile discussing yur prpsals with them infrmally befre yu cmplete the frm. Early discussin gives the LPA the chance t: Explre whether the wrk is exempt frm the need t apply/ntify Advise n hw best t present yur prpsals Guide yu thrugh the prcess and the LPA's tree prtectin plicies The advice and guidance given t yu during these discussins is given in gd faith, but n LPA fficer can give yu a definite answer as t whether yur prpsed wrks will be allwed. Yu may want t cntact the LPA t see if they charge fr giving this advice.

2 Wh can carry ut the tree wrk? When deciding wh shuld prune r fell yur tree yu shuld bear in mind that: Tree wrk is a dangerus activity and shuld be carried ut by trained, cmpetent and apprpriately insured arbrists Tree wrk shuld be carried ut t a gd standard. LPAs will usually require the wrk t cmply with BS 3998 Recmmendatins fr Tree Wrk Yu may wish t cntact yur LPA fr guidance n selecting a cntractr in yur area. Enfrcement The LPA can prsecute when wrk is carried ut withut their cnsent n a preserved tree, withut the required ntice n a tree in a cnservatin area r when exemptins are misused. Further infrmatin Mre infrmatin abut TPO prcedures, including exemptins, felling licences and detailed guidance intended primarily fr LPAs, can be fund in the Tree Preservatin Orders and trees in cnservatin areas sectin f the Planning Practice Guidance website. Cmpleting the applicatin frm Electrnic Cmmunicatin If yu submit this frm electrnically (frm the Planning Prtal, r by r fax) the LPA will take it that yu have agreed that they may cmmunicate with yu in the same manner. This may include the issuing f their decisin. Yu may cancel this agreement by writing t the LPA and asking them t stp cmmunicating with yu electrnically. 1/2. Applicant s And Agent s Names And Addresses Yu may submit the applicatin yurself; yu d nt have t use an agent, nr d yu have t be the wner f the tree(s). Cmplete bth bxes if the applicatin is being submitted by an agent (e.g. a friend, relative r technical adviser wh is acting n the applicant s behalf). Yur tree wrk cntractr s name shuld nt be entered here unless they are handling the applicatin n yur behalf. All crrespndence, including the decisin letter, will be sent t the agent. Arrangements fr a site visit will als be made thrugh the agent. 3. Tree Lcatin If the trees grw in mre than ne prperty, r if a tree trunk straddles the bundary between tw prperties, yu shuld enter the details f the secnd address here. If trees grw n any ther prperties, enter thse addresses in the space at the bttm f this questin.

3 4. Tree Ownership Yu dn't have t wn the tree(s) t apply fr cnsent but it is gd practice t let the wner knw what yu are prpsing. Yu will still need t get any necessary agreements r permissins frm the wner befre carrying ut any wrk permitted by the LPA. The wner f the tree is usually the wner f the land n which it grws. Please prvide their address if it is different frm the address f the site where the tree(s) stands that yu have already entered in questin 3. Please prvide an explanatin separately f tree wnership where a tree is n the bundary and is the jint respnsibility f the applicant and the neighbur, r where cnsent is sught fr trees n bth prperties. 5. What Are Yu Applying Fr? Refer t the leaflet Prtected Trees: A Guide t Tree Preservatin Prcedures. In cnservatin areas, ntice is required fr wrks t trees that have a trunk diameter f mre than 75mm when measured at 1.5m frm grund level (r mre than 100mm if reducing the number f trees t benefit the grwth f ther trees). 6. Tree Preservatin Order Details The LPA may be able t help yu answer this questin. Yu shuld find the title at the tp f the Order. Fr example: City f Wdville (N. 4) Tree Preservatin Order 1992 r City f Wdville (1 Garden Curt) Tree Preservatin Order Identificatin Of Tree(s) And Descriptin Of Wrk Identifying the tree(s) Please give the species f tree if knwn (e.g. ak, Scts pine); Latin names are nt required. Where knwn, use the numbering f trees frm the First Schedule f the TPO (e.g. T1 ash, r tw cherry and ne birch in G2). Make sure ther trees are identified by using a different sequence e.g. A, B, C etc. Make sure the numbering matches that used n the sketch plan (see ntes fr questin 8). Pr tree surgery Prpsals that wuld endanger the health r cnditin f a tree r greatly reduce its amenity value t the lcal envirnment are unlikely t be allwed unless there are strng reasns t d s. Describing the wrks and reasns Please make clear t which trees the descriptins f wrks and reasns apply. Reasns must be given fr wrk t trees prtected by a TPO. Fr trees in cnservatin areas, giving reasns fr wrk wuld be helpful, but is nt mandatry. It is vital that yu clearly specify the wrks yu want t carry ut fr each tree included in yur applicatin. A prpsal simply t cut back, lp r trim sme branches is t vague because it fails t indicate the extent f the wrks. Examples f cmmn tree wrk peratins are shwn n the fllwing page. Cntinued n next page

4 Cmmn tree wrk peratins General infrmatin - The cmmn peratins described and simply illustrated here shw sme f yur ptins. An arbrist shuld be able t help in defining the wrk that will be apprpriate fr the tree(s) and in line with British Standard BS 3998 Recmmendatins fr Tree Wrk. Please nte that the entire branch system is knwn as the crwn. LPA apprval is nt required t remve dead branches. Crwn Thinning - This reduces the density f the tree s crwn withut changing the verall shape and size f the tree. Thinning reduces the amunt f fliage and allws mre light thrugh the canpy r crwn. The amunt f thinning prpsed shuld be specified as a percentage (%) f the leaf area (usually n mre than 30%). Useful fr letting mre light int gardens and windws Crwn Lifting - This means remving lwer branches t increase the clearance between the grund and the crwn. Identify the branches yu wish t remve, r specify a height abve grund level t which yu wish t lift the crwn. Useful fr allwing mre light int gardens Prevents lw branches bstructing paths, drives etc. Crwn Reductin - The tree crwn is reduced by shrtening branches, and s changes the verall size and shape f the tree. Reductins are usually carried ut all rund the uter parts f the crwn t maintain a balanced shape, but seldm shuld it include cutting thrugh the main stem. The amunt f reductin prpsed shuld be stated in terms f the intended height and spread f the tree after pruning (rather than what percentage (%) f the verall crwn is t be remved). Partial reductin may be useful fr preventing branches cntacting buildings, rfs and guttering Planting replacement trees Unless there are gd reasns, a cnditin is usually made fr a replacement tree t be planted when granting cnsent t remve a tree prtected by a TPO. Please use this pprtunity t shw yur preference f tree shuld the LPA apprve yur applicatin and make such a cnditin.

5 8. Additinal Infrmatin When setting ut the reasns fr prpsed wrks t trees prtected by a TPO, please prvide sufficient evidence t supprt yur case. Nte that failure t supply precise and detailed infrmatin may result in yur applicatin being rejected r delay in dealing with it. Additinal infrmatin shuld be psted r hand-delivered at the same time as the frm r supplied electrnically in supprt f yur applicatin. Applicatins cannt be prcessed until all mandatry infrmatin is received by the LPA. References t an arbriculturist refer t a persn wh has recgnised qualificatins, experience and expertise in the field f tree management. Sketch plan identifying the trees The sketch plan shuld shw bundaries and adjining prperties (including huse numbers r names) and names f rads. It is nt necessary t draw a scaled plan, but it may be useful t shw apprximate distances between the tree(s) in questin and ther relevant features. If pssible, include an arrw shwing nrth. Shw the psitin f the tree(s) in relatin t buildings and add the numbering used in questin 7. Reduced example f a sketch plan It may be helpful t shw ther trees in the garden t help the LPA identify the trees n the frm. If there are many trees, it is imprtant t make it clear which tree(s) yu want t wrk n. If it is impssible t identify the tree(s) accurately n the plan (e.g. because they are part f a wdland r grup f trees), please identify their apprximate lcatin n the plan and explain hw the tree(s) have been marked n site (e.g. clured tape, tree tags). The bark f trees must nt be damaged e.g. by scarring r cutting int the bark. Phtgraphs can be useful, particularly where yu wish t identify the trees yu want t wrk n r t shw specific wrk where there culd be dubt e.g. marking a majr branch t be remved. If yu d submit phtgraphs make sure that it is clear which tree is shwn. Cntinued n next page

6 Fr wrk t trees cvered by a TPO Unless the LPA agree in writing that the tree(s) is f very lw amenity value yu must prvide the infrmatin detailed belw when yur applicatin relates t the cnditin f the tree r damage that it is causing. Cnditin f tree(s) The presence and impact f pests, diseases r fungi that require wrk t be carried ut t the tree(s) shuld be described in written evidence r diagnstic infrmatin frm an arbriculturist r ther apprpriate expert. Arbricultural evidence must be prvided t supprt applicatins that suggest the tree has defects that may be f cncern t the current r future safe retentin f the tree r parts f the tree. Subsidence Reprts will usually be prvided by a structural engineer and/r a chartered surveyr and be supprted by technical analysis frm ther experts e.g. fr rt and sil analysis. These reprts must include the fllwing infrmatin: A descriptin f the prperty, including a descriptin f the damage and the crack pattern, the date that the damage first ccurred/was nted, details f any previus underpinning r building wrk, the gelgical strata fr the site identified frm the gelgical map Details f vegetatin in the vicinity and its management since discvery f the damage. Include a plan shwing the vegetatin and affected building Measurement f the extent and distributin f vertical mvement using level mnitring. Where level mnitring is nt pssible, state why and prvide crackmnitring data. Data prvided must be sufficient t shw a pattern f mvement cnsistent with the presence f the implicated tree(s) A prfile f a trial/bre hle dug t identify fundatin type and depth and sil characteristics The sub-sil characteristics including sil type (particularly that n which the fundatins rest), liquid limit, plastic limit and plasticity index The lcatin and identificatin f rts fund. Where identificatin is incnclusive, DNA testing shuld be carried ut Prpsals and estimated csts f ptins t repair the damage In additin, yu must include a reprt frm an arbriculturist t supprt the tree wrk prpsals, including arbricultural ptins fr avidance r remediatin f indirect treerelated damage. Other structural damage Technical evidence in respect f ther structural damage (e.g. garden walls, drains, paving, drive surfaces) shuld be prvided by a relevant engineer, building/drainage surveyr r ther apprpriate expert. 9. Authrity Emplyee / Member Yu must declare whether the applicant r agent is a member f the cuncil s staff, an elected member f the Cuncil r related t a member f staff r elected member f the Cuncil. Serving elected members r planning fficers wh submit their wn planning applicatins shuld play n part in their determinatin and such applicatins shuld be determined by the planning cmmittee rather than by planning fficers under delegated pwers. Fr the purpses f this questin, 'related t' means related, by birth r therwise, clsely enugh that a fair-minded and infrmed bserver, having cnsidered the facts, wuld cnclude that there was a real pssibility f bias n the part f the decisin-maker in the lcal planning authrity.

7 10. Applicatin Fr Tree Wrks - Checklist Yu may find it helpful t use this checklist t make sure that yu have given the lcal planning authrity all the required infrmatin. 11. Declaratin Please sign and date yur applicatin. 12. Applicant Cntact Details Please prvide cntact infrmatin fr the applicant. 13. Agent Cntact Details Please prvide cntact infrmatin fr the agent. What happens next? Tree preservatin rder applicatins The LPA will usually carry ut a site visit t help them assess the prpsed wrks. They may discuss alternative wrks with yu. Yu will have a right f appeal t the Planning Inspectrate where the LPA has nt issued a decisin within either eight weeks r tw mnths f yur applicatin, depending n the age f the TPO. Yu shuld cnfirm with yur LPA which perid applies; alternatively yu can agree an extended perid with them. Details f these prcesses can be fund in the leaflet Prtected Trees: A Guide t Tree Preservatin Prcedures mentined in Further Infrmatin earlier in this guidance. Cnservatin area ntices The LPA has six weeks within which they can bject t yur prpsals. This gives the LPA the pprtunity t prtect trees f amenity value, which may be harmed by the prpsed wrks. A site visit is usually carried ut. The LPA can nly bject frmally by making a TPO n the tree(s) cncerned. In many cases, where the LPA feel that the wrks are inapprpriate, they may discuss alternative wrk with yu. If yu d nt receive a decisin within six weeks f yur ntice then yu can carry ut the wrks yu gave ntice fr, but n mre. If a TPO is made this will prevent yu ding the wrk withut making an applicatin fr cnsent. Yu will have the right t bject t the TPO and the LPA will prvide details n hw t d this.