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Tree preservation and replacement appeals

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All the guidance and information you need to make or take part in a tree preservation or replacement appeal.

A Tree Preservation Order (TPO) is an order made by a Council in respect of a tree(s) because the tree is considered to bring amenity value to the surrounding area. The order makes it an offence to cut down, uproot, prune, lop or damage the tree in question without first obtaining the Council’s consent. A TPO can apply to a single tree, a group of trees or a woodland.

Anyone who wishes to fell or carry out work to a tree protected by a TPO must apply to the Council to obtain permission.  If an application is refused, or allowed subject to conditions, or if the Council fails to decide the application within 8 weeks the applicant has a right of appeal to the Welsh Ministers under the provisions of section 78 of the Town and Country Planning Act 1990.

Regulations

Local Planning Authority questionnaire

When an appeal is started by the Inspectorate the local planning authority is required to submit a copy of the application documents and complete a questionnaire.

Tree replacement notice appeals (TRN)

If any protected tree is removed, uprooted or destroyed in contravention of a TPO it is the duty of the landowner to plant another tree of an appropriate size and species, at the same place, as soon as he/she reasonably can. If it appears to the relevant Council that the landowner has failed to replace the felled tree, or if any replacement conditions attached to a permission to fell a tree are not complied with, that Council has powers under section 207 of the Town and Country Planning Act 1990 to serve a tree replacement notice (TRN) on the owner of the land.

A person upon whom a TRN has been served has a right of appeal but we must receive the appeal before the notice takes effect. This is an absolute time limit. The Welsh Ministers have no discretion to accept late appeals.