Tree preservation orders
The owner
of a tree has a responsibility to ensure that it does not become a
danger to other parties, including neighbours. Regular inspections
are advisable to identify the appearance of rot, fungus or disease
which can render a tree dangerous. An owner who is negligent in
these responsibilities may be held liable if a falling tree causes
damage.
Tree Preservation Orders (TPOs) make it an offence to cut down,
top, lop, uproot, wilfully damage or wilfully destroy a tree
without the planning authority's permission. TPOs protect trees
that make a significant impact on their local surroundings. Anyone
wishing to carry out works on a tree, which is the subject of a TPO
or within a Conservation Area, must obtain the consent of the local
authority. If the authority refuses consent or fails to decide the
application within the specified period, there is a right of appeal
to the First Secretary of State.
Information on trees, Leylandii, trees on boundaries,
penalties, licences and more can be found in the Council's guide.
Changes to Tree Forms and Appeals - 1 October 2008
From the 1st of October 2008 the application form
required for requesting work done to a tree
protected by a Tree Preservation Order or a tree within a
Conservation Area has changed. The new application form can be
submitted via the Planning Portal or by
sending it to the Planning Policy Department at the Council
Offices.
If the Council refuses permission to
carry out works, an appeal can be made to the Secretary of
State within 28 days of the reciept of the Council's notice
via this form. The guidance on how to make an
appeal to the Inspector changed on the 1 October 2008.
For futher information please contact the planning policy
section on 01992 785555 or email planningpolicy@broxbourne.gov.uk.
Information and applications on appealing decisions made by the
Council on tree works can be found at the Planning
Inspectorate website.