Thursday, 28 August 2008
It is widely acknowledged that the presence of trees enhances urban living. Aesthetics, living history, cleaner air, shade and wildlife are just some of the qualities that only trees can bring to an urban environment. There are those who argue that trees are for the countryside - but this ignores the fact that there is a creative role for trees to play within the sphere of proper, considered and long-term planning. It is estimated that privately owned trees make up some 80% of all trees within urban areas (Trees in Towns, HMSO 1993).
'Trees are and always have been the largest organisms on earth. Trees in cities and forests are dying from injuries and abuses caused by man and machine. Yes, trees are tough, but only as long as they have a fair chance for survival. It is our job to see that they get that fair chance.' Alex L. Shigo - Modern Arboriculture (1991).
'In the religious history of Europe the worship of trees has played an important part. Nothing could be more natural. For at the dawn of history Europe was covered with immense primaeval forests, in which the scattered clearings must have appeared like islets in an ocean of green.' Sir James Frazer - The Golden Bough (1890-1915).
'Europeans began to manipulate trees for urban design many centuries ago. Europe provides many examples of trees used in sympathy with the geometry of the city. They create patterns that are woven into the fabric of the city, just like well designed buildings. European streets, squares and parks are often linked together by an intricate ceiling of tree branches. The visual poetry created with trees, stone and water was deliberately achieved be designers who understood the nature of the materials.' Henry F. Arnold - Trees in Urban Design (1980).
Under the Town and Country Planning Act 1990 (as amended), Doncaster Council, as Local Planning Authority, has specific powers to protect trees and woodlands in the interest of amenity.
A Tree Preservation Order (TPO) gives special protection to the tree or trees covered by the Order and an application for consent must be approved by Doncaster Council before any work is carried out. Any person contravening the provisions of a TPO by cutting down or pruning a tree without consent is guilty of a criminal offence and liable on summary conviction to a heavy fine.
A Conservation Area is an area designated by Doncaster Council because of its special character, architecture or historical importance. There are 46 Conservation Areas in Doncaster and, in recognition of the special contribution that trees can make to the character and appearance of such areas, they are afforded a level of protection similar to that of a Tree Preservation Order. Doncaster Council must be notified in writing 6 weeks before any work is carried out so that it has opportunity to assess whether the tree(s) should be made subject to a Tree Preservation Order. Any person removing or pruning a tree within a Conservation Area, without first giving the statutory notification, is guilty of a criminal offence and liable on summary conviction to a heavy fine.
Planning Conditions are often applied to trees within new developments, whereby the Local Planning Authority's written permission is required before any work is carried out on a tree or hedgerow. Planning conditions may be applied to newly planted trees as well as more mature specimens. You should contact Doncaster Council before any work is carried out.
The following controls are not administered by Doncaster Council but must also be considered:
The Wildlife and Countryside Act1981 (as amended by the Countryside and Rights of Way Act2000) confers protection of habitats commonly found in trees and used by nesting birds, bats and other protected species such as owls. Breach of this legislation is investigated by the police.
A Felling Licence may be required when felling a number of trees, even where they are not otherwise protected. It is a criminal offence to fell licensable trees without having first obtained a licence from the Forestry Commission.
Contact Doncaster Council giving details of the tree(s) and its/their location. Before you purchase a property, your solicitor should make a land charges search, which should reveal the existence of a TPO or whether your property is in a conservation area. Make sure your solicitor tells you whether any trees are protected. Copies of Tree Preservation Orders are available for inspection at the Planning Departments offices during office hours.
Doncaster Council also keeps a register of applications and notifications to work on protected trees and of the decisions made. This information can now be viewed on-line via Doncaster Council's Public Access for Planning and can be found in the Planning part of the site by either a Property Search (entering the details of the property) or an Application Search (selecting either 'Tree Preservation Order' or 'Works to Tree in Conservation Area' from the Application Type drop-down list). Please note that only information on Conservation Area tree works registered after 1st September 2007 is available on line. Information prior to this date is available for inspection at the Planning Department Offices during office hours.
Write to Doncaster Council giving details of the trees, and the reasons why you think they should be protected.
The future development of land may be a reason for protecting trees, but a Tree Preservation Order is not a tool for blocking development. Doncaster Council has to consider the risk to protected trees when deciding planning applications.
No. The owner remains responsible for the trees, their condition and any damage they may cause, but we offer free advice on their management and safety. Please use the e-form at the bottom of the page to request an appointment with a Tree Officer.
No, the Town and Country Planning Act 1990(as amended) includes some exemptions whereby it is permissible to cut down or cut back a protected tree without the consent of Doncaster Council. However, anyone proposing to carry out work on a protected tree under these exemptions is strongly advised to discuss the proposals with the Council first or give five days’ written notice before carrying out the work, except in an absolute emergency. This is in your interests - you could be prosecuted if you carry out the work but cannot prove that it was essential or if it exceeds that allowed by the exemptions.
Unlawful work to a protected tree is a criminal offence and can result in a criminal record. Any person deliberately destroying a tree, or damaging it in a manner likely to destroy it, could be fined up to £20,000 per tree if convicted in the magistrate's court, or subject to an unlimited fine upon indictment to the crown court. In determining the amount of the fine, the court will take account of any financial benefit arising from the offence. Doncaster Council can also require the planting of a suitable replacement tree. For other offences (for example, cutting back branches that overhang a boundary without consent) fines can be up to £2,500.
If you would like to make an observation or need further information on any of the above items or would like to make an appointment with a Trees and Hedgerows Officer please use the contact details at the top of the page or complete the e-forms:
Getting Consent to Work on a Protected Tree