The Council in its role as the Local Planning Authority has a general duty to make appropriate provision for the preservation and planting of trees.
Tree Preservation Orders (TPO) are made by a Local Planning Authority to protect trees which make a significant contribution to the amenity of an area, particularly when they are considered to be under threat. A TPO can specify a single tree, groups of trees, areas and woodlands but not hedges or shrubs.
Once a tree is protected by a Tree Preservation Order, the owner of the tree is required to apply to the Council if they wish to undertake any work to the tree.
In order to find out whether a tree is protected by a TPO please contact the Sustainability Team on 01594 812331/2329.
The following section will cover:
- Review of the process for application related to protected trees
- Applications for works to trees protected by a Tree Preservation Order
- Requests to make a Tree Preservation Order
REVIEW OF THE PROCESS FOR APPLICATIONS RELATED TO PROTECTED TREES
The District Council have undertaken a review of the tree application process, in order to improve the service.
The review has now been completed and various options were developed and assessed.
The full document is available below:
APPLICATIONS FOR WORKS TO TREES PROTECTED BY A TREE PRESERVATION ORDER
FROM MONDAY 23RD APRIL 2012 THERE WILL BE A NEW PROCEDURE FOR APPLICATIONS FOR PROTECTED TREES. PLEASE SEE THE TEXT BELOW. UNTIL THIS DATE ONLY THE STANDARD PROCEDURE WILL BE AVAILABLE.
There are two processes available to apply for works to trees protected by a Tree Preservation Order within the Forest of Dean District.
(1) STANDARD - No change from previous process
An application form must be completed and submitted to the Sustainability Team at the Forest of Dean District Council. The application should be accompanied by a plan showing the location of the trees.
Once the application has been received, the applicant or agent will receive details of the application reference no. and determination date.
During the application process consultations are undertaken with various consultees.
The determination time for ‘Standard’ TPO applications is 8 weeks.
To make an application please see the documents below:
Click here to make an application online (external site): Planning Portal
(2) ENHANCED - Use for a quicker decision
Applications received are classified as either MAJOR or MINOR.
• MAJOR Applications would include:
- Crown Reduction over 15%
- Crown Thinning over 15%
- Removal of a single branch of more than 120mm diameter at trunk meeting point.
- Removal of multiple branches
• MINOR Applications would include:
- Crown Reductions of 15% and under
- Crown Thinning of 15% and under
- Removal of a single branch of/or under 120mm diameter at trunk meeting point.
Please note. Multiple works that would be independently classed as MINOR may be reclassified as MAJOR, if the overall impact is likely to be greater. If the application is re-classified the applicant will be informed at the validation stage of the process.
• MAJOR applications - Aim to issue a decision within 4 weeks
- Consultation would take place with Parish and Town Councils
- Consultation would take place with members of the public through neighbour notifications and displaying of a site notice.
• MINOR applications - Aim to issue a decision within a 5-10 day turnaround
- No consultation with Parish and Town Councils
- No consultation with members of the public
Please note. If objections/concerns are raised from any consultee, additional time will be needed to address issues, therefore the time limit identified is a guide time and not guaranteed.
For applications to be considered under the Enhanced Application process the following conditions must be met:
- Application Forms must be fully completed with all questions addressed
- A detailed and specific plan must be submitted clearly indicating the location of the tree/s subject to the application
- Details of the exact works for which permission is sought must be clearly detailed
- Annotated and recently dated photographs of the tree/s must be submitted.
Examples of ENHANCED – MAJOR and MINOR applications can be found below:
To make an ENHANCED application please see the documents below:
- Application Form - Protected Trees
- Enhanced Checklist
- Guidance Notes
- Guidance Notes - Internet Submissions
Click here to make an application online (external site): Planning Portal
REPLANTING CONDITIONS ON TPO APPLICATIONS
When the Council deals with applications for works to trees protected by a Tree Preservation Order, it may grant consent subject to conditions. One such condition sometimes used by the Council is that replacement planting details must be submitted to and approved by the Council. For an improvment of service, and as a means of consistency, the Council have adopted a new protocol for tree owners to discharge these conditions. The protocol sets out that a replacement planting form and planting location plan must be submitted to the Council. The condition, which you may find attached to the consent of your application if granted, will usually state a time by which this must be done.
The protocol for discharging replanting conditions on TPO applications can be found below:
An examples of a complete replacement planting form and planting location plan can be found in the following link:
To discharge a TPO replanting condition, please complete the form below and return it to the Council along with your planting location plan:
REQUESTS TO MAKE A TREE PRESERVATION ORDER
Anyone can request that the Local Planning Authority consider making a Tree Preservation Order on a tree.
The LPA may make a TPO if it appears to them to be:
‘expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area’
Factors taken into when assessing whether a Tree Preservation Order should be made are as follows:
• Visibility – Is the tree visible from a public place, i.e. road, footpath, park.
• Size and Form – Is it of benefit to the present and future generations.
• Significance of the tree within its surrounding environment – Are there other trees within the area that are more significant?
• Contribution to the amenity of the area – Do the trees contribute to the appearance/setting of an area? Do the screen on eyesore? Do they contribute to the setting of present and future developments?
Support from local residents and the Parish/Town Council is advantageous.
If you wish to make a recommendation for a tree to be protected please write to Local Authority providing details of the tree species, location and details as to why the tree should be protected. The request should be accompanied by a clear plan and photographs of the tree, and where possible details of the owner of the tree.
Requests should be sent to:
FOREST OF DEAN DISTRICT COUNCIL
Once an Order is made the tree is protected for a period of 6 months. The owner of the tree or members of the public can object within 28 days of the Order being made. If there are no objections to the Tree Preservation Order the Order will be confirmed. If an objection is received, the Order is placed in front of the Development Control Committee for their consideration. They can do one of three things:
1. Confirm the Order with no modifications
2. Confirm the Order with modifications
3. Not Confirm the Order - If the Order is not confirmed the tree is no longer protected.
The LPA must confirm the Order or submit it to the Development Control Committee within the initial 6 month period, otherwise the Order will no longer stand.
USEFUL DOCUMENTS (External Links)