The appeal process is intended as a last resort and Doncaster Council should first be approached to see if a mutually acceptable solution can be found, for example, an application for less drastic work than originally requested may be viewed favourably.
There is a right of appeal to the Secretary of State in two general areas of protected tree legislation:
1. Following an application to undertake work on trees that are subject to a Tree Preservation Order there is a right of appeal on any of the following grounds:
Doncaster Council has refused consent to undertake work to trees that are subject to a Tree Preservation Order or has allowed less work than was applied for,
Doncaster Council has allowed an application for work to trees that are subject to a Tree Preservation Order but has attached conditions that you think are unreasonable,
Doncaster Council has failed to determine an application to undertake work to trees that are subject to a Tree Preservation Order within 8 weeks of the registration of the application,
Doncaster Council has issued an Article 5 Certificate stating that the tree has an “outstanding or special amenity value” or that its decision is “in the interests of good forestry”.
2. A person served with a Tree Replacement Notice may appeal on any of the following grounds:
That the provisions of the duty to replace trees, or, as the case may be, the conditions of consent requiring the replacement of trees, are not applicable, or have been complied with,
That in all the circumstances of the case, the duty to replace trees should be dispensed with in relation to any trees,
That the requirements of the Notice are unreasonable in respect of the period or the size or species of trees specified in it,
That the planting of a tree or trees in accordance with the Notice is not required in the interests of amenity, or would be contrary to the practice of good forestry,
That the place on which the tree is, or trees are, required to be planted is unsuitable for that purpose.
An appeal must be made:
within 28 days of receiving Doncaster Council's decision notice for appeals relating to tree work applications, or
within 28 days from the date that Doncaster Council's 8 week determination period expired if a decision has not been made, or
before the Tree Replacement Notice takes effect for appeals relating to a Tree Replacement Notice. This date will be specified in the notice.
The appeal does not have to be submitted by the owner of the tree so, for example, an arboricultural contractor can submit an appeal on your behalf. The Planning Inspectorate will not usually accept late appeals unless they are satisfied that there is good reason for the delay.
There is no charge for making an appeal but each party is expected to meet any costs that they do incur during the appeal process, for example the professional fees of an agent or a solicitor.
1. Complete a TPO (consents) appeal form making it clear what you are appealing against and why and send it either electronically to environment.appeals@pins.gsi.gov.ukor by post to:
Environment Section, Planning Inspectorate
4/04 Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
Tel: 0117 372 6365
2. Send a copy of the appeal form and any attachments to Doncaster Council either electronically to tsi@doncaster.gov.ukor by post to:
TSI
Directorate of Development
2nd Floor, Danum House
Doncaster
DN1 1UB
In all cases, the Planning Inspectorate collate the relevant background information and send a questionnaire to Doncaster Council to complete and return. A copy of the completed questionnaire is also sent to you. If the Planning Inspectorate require any additional information they will request it in writing.
The majority of Tree Preservation Order appeals are conducted in accordance with Part IV of the Town and Country Planning (Trees) Regulations 1999 (as amended by the Town and Country Planning (Trees) (Amendment) (England) Regulations 2008). This is usually the quickest and simplest method. The Planning Inspectorate appoint an inspector who, on a date agreed with the appellant and Doncaster Council in advance, will visit the site. Both parties are usually present at the visit, however, no discussion about the main issues of the appeal is allowed, but the inspector may ask general questions to clarify factual information. In some cases the inspector may carry out the site visit on his/her own, as long as they can get access to the site. A visit will not be set up on this basis unless you agree.
Either party can request that an appeal is dealt with by way of a hearing (a round the table discussion) or a public local inquiry chaired by an independent inspector appointed by the Planning Inspectorate. Everyone concerned is offered a chance to set out their views in person, often with the aid of written exchanges prior to the hearing/inquiry itself and a site visit as well. Whilst not governed by statutory rules, hearings and inquiries are conducted in accordance with the Town and Country Planning (Hearings Procedure) Rules 2000 and the Town and Country Planning (Inquiries Procedure) Rules 2000.
The inspector writes up his/her findings in a report to the Secretary of State. The inspector doesn’t decide the appeal but their report, together with the background information, any additional information/written exchanges and any other comments received from third parties is taken into account by the Planning Inspectorate where the final decision is made. A copy of the inspector's report is attached to the decision letter.
Getting Consent to Work on a Protected Tree