More Information
-
- Getting Consent to Work on a Protected Tree
- How is a decision made - Conservation Area Notification?
- How is a decision made - Tree Preservation Order Application?
The Town and Country Planning Act 1990 (as amended) recognises that trees often make a significant contribution to the character and appearance of a Conservation Area and are, therefore, worth protecting, whether or not they merit protecting in their own right.
The main purpose of a Conservation Area Notification is to give the Local Planning Authority an opportunity to consider whether a Tree Preservation Order should be made in respect of the tree(s).
The main consideration is whether a tree merits a Tree Preservation Order and whether it would be expedient to make one. In order to do this Doncaster Council will:
assess the amenity value of the tree,
assess the likely impact that work will have on the amenity of the area, and
assess the impact of the proposals on the character and health of the tree.
Special attention is given to the desirability of preserving the character and appearance of the Conservation Area.
Doncaster Council cannot refuse consent or grant consent subject to conditions as with a Tree Preservation Order application. After taking all matters into consideration, the officer appointed to the notification will make a recommendation to either:
make a Tree Preservation Order to stop the proposed works, or
not make a Tree Preservation Order and allow the work to go ahead.
If Doncaster Council makes a Tree Preservation Order in respect of the notification, we will write to you, enclosing a copy of the Order. Details of your rights of objection will be included with the Order.
If you have not heard from us by the date given in the acknowledgement letter you may carry out the work, but you may do no more work than was included in your notification.
Yes, if you have not completed the work within 2 years from the date that Doncaster Council registered your notification (this date will be given in the acknowledgement letter) you will have to submit a new Conservation Area Notification.
No, Doncaster Council cannot insist that you employ an arboricultural contractor to carry out the work.
However, work should be carried out in accordance with a recognised standard; British Standard 3998: 1989 Recommendations for Tree Work.
Unlawful work to a protected tree is a criminal offence. The matter may be referred to Doncaster Council’s Planning Investigations Section to investigate, and may ultimately be referred to the Legal Services Department to initiate proceedings in the Courts.
If you deliberately destroy a tree, or damage it in a manner likely to destroy it, you 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. For other offences (for example, cutting back branches further than indicated in the notification or work that does not comply with British Standard 3998:1989) you could be fined up to £2,500.
If you deliberately destroy a tree, or damage it in a manner likely to destroy it, you may be required to plant a replacement tree and Doncaster Council can issue a Tree Replacement Notice to enforce this duty. Failure to comply with a Tree Replacement Notice is not an offence, however, the Council may enter the land, plant the tree(s) and recover from the landowner any reasonable expenses occurred. There is a right of appeal to the Secretary of State against the issuing of a Tree Replacement Notice.
