Tree matters
In accordance with the national tree preservation legislation, trees can benefit from statutory protection by inclusion within a Tree Preservation Order (TPO) and/or by virtue of standing within a designated Conservation Area.
Trees included within a TPO
TPOs can be issued by Local Planning Authorities and are made to protect trees that are of public amenity value. All types of tree, but not hedges, bushes or shrubs can be protected, and a TPO can protect anything from a single tree to all trees within a defined area or woodland. A TPO is a written order, which makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or destroy a tree protected by that order, or to cause or permit such actions, without the authority’s permission.
In accordance with the legislation treatment of tree(s) which are included within a TPO requires the prior formal consent of the LPA (Tonbridge and Malling Borough Council). An application to undertake treatment to TPO tree(s) has an eight week target date (starting from the date on which the complete valid application was received by the LPA).
Applications to discharge conditions imposed as part of a TPO tree work consent (e.g. requiring details of proposed replacement planting) also have an eight week target date.
Trees that are not included within a TPO, but benefit from Conservation Area protection
Trees in a Conservation Area that are not protected by an Order (TPO) are protected by the provisions in section 211 of the Town and Country Planning Act 1990.
In accordance with the legislation where a tree is standing within a designated Conservation Area (but not included within a TPO) anyone wishing to undertake treatment to that tree should give the LPA six weeks’ prior written Notice of the Intended tree work. Such written notice (known as a s211 Notice of Intent) has a six week statutory time period (starting from the date on which the complete valid Notice of Intent was received by the LPA).
Please note the legislation does include some specific exemptions from the usual application/six week notification procedures (such as for works to a tree which is completely dead). Where an exemption applies the LPA’s consent to carry out works is not needed, but written notice of those works may need to be given to the LPA in accordance with the legislation. If the LPA receives clear evidence/subsequently becomes aware that proposed work subject of an application/notification benefits from exemption provisions/does not require the consent of the LPA we will advise the applicant/agent accordingly.
National guidance and information regarding TPOs and trees in conservation areas can be found in the National Planning Practice Guidance.
Publication/notification of tree work applications and notices
As tree works are not development, the requirements of article 15 of the Development Management Procedure Order (as amended) do not apply to tree work applications and notices. However, details of tree work applications and notices that have been received by TMBC appear on the Council’s website and can be viewed by using the search facility.
Applications for work to TPO trees/the discharge of conditions imposed as part of aTPO tree work consent and Notices of Intent for work to trees benefitting solely from Conservation Area protection will appear on the Planning weekly list (which can also be accessed by using the link above, the list for a particular week remains visible on the website for twelve weeks). As noted above s211 Notices of Intent have a statutory time period which the LPA cannot amend, or extend and any representations about tree work that is subject of a such a Notice should be made in sufficient time so that such comments can be taken into account before the expiry of the six week period.
In addition, for applications to undertake treatment to TPO trees the Council will usually undertake further public consultation by sending written notification to neighbouring properties (those with a boundary that abuts the application site, or - where there is a large site which has many adjacent properties - those with a boundary that abuts the application site closest to the subject trees). The Council may, if deemed appropriate for the specific TPO tree work application, undertake alternative/wider consultation which could include putting up a site notice or sending out further letters of consultation.