More Information
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- 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?
When considering a Tree Preservation Order application, we will:
assess the value of the tree(s) within their surroundings and the likely impact that work will have on the amenity of the area,
assess the impact of the proposals on the character and health of the tree, and
consider whether any loss or damage is likely to arise if consent is refused or granted subject to conditions.
In general terms, the larger the degree of pruning proposed or the higher the value of the tree(s) the greater the likely impact of the work on the health of the tree or the amenity of the area and the stronger the reasons needed to justify the work. Where the application relates to trees within a Conservation Area special attention will be given to the effect that work will have on the character or appearance of the area.
Where the application affects woodland trees, Doncaster Council will grant consent so far as it accords to good forestry practice unless this is likely to damage the special character of the woodland or the woodland character of the area.
After taking all matters into consideration, the officer appointed to the application will make a recommendation to either:
refuse consent
grant consent either unconditionally or subject to conditions
grant consent for part of the work and refuse consent for other work that is considered unacceptable, or
grant consent for less work than was applied for (for example, by allowing crown thinning by 20% rather than the 50% applied for), although in doing so we cannot issue a decision that substantially changes the work applied for
We will send you a decision notice, which will set out our decision and give the reasons for it. We aim to dispatch decision notices by post within 3 working days of a decision being made.
Where consent is granted subject to conditions, these will be listed. These will relate to the work that has been allowed. There are four commonly used conditions:
to control the standard of the work and impose a time limit on the duration of consent
to require that Doncaster Council is given advance notice of works being started
to secure the planting of replacement trees
to secure the establishment of replacement trees
Specific conditions may also be attached to limit the amount of work that can be carried out, for example where Doncaster Council grants consent for less work than was applied for. The decision notice may also include informatives, which are included to give you further useful advice.
No. However, if you suffer any loss or damage as a direct result of the decision you may be entitled to recover compensation from the Council. Compensation depends upon the Regulations under which the Tree Preservation Order was made and are set out within the Order itself.
If you wish to make a claim you must do so within 12 months from the date of the decision (or, if you appeal to the Secretary of State, within 12 months from the date of his/her decision).
Claims should be made in writing to:
Environmental Planning
Doncaster Council
2nd Floor Danum House
St Sepulchre Gate
Doncaster
DN1 1UB
Unlawful work to a protected tree is a criminal offence. Where work is not carried out in accordance with the decision, or any conditions attached to it, 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, not carrying out work in accordance with the decision or conditions attached) you could be fined up to £2,500.
Failure to plant a replacement tree, where required, within a reasonable timescale may result in Doncaster Council issuing a Tree Replacement Notice. 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.
