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We suppose you either like trees, or you don't! |
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Let's assume you DO. |
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What can we do to make sure that vital (both asthetically and biologically) |
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trees are not intentionally damaged or destroyed, for whatever reason? |
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TREES in |
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Conservation areas |
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Tree Preservation Orders (TPOs) |
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Where the Local Planning Authority (LPA); in our case North Wiltshire District Council, consider that an individual tree is worthy of protection against damage and/or destruction, it can make a T.P.O. |
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At N.W.D.C, Bryan Gale is responsible for such matters. |
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Now he doesn’t wander around the district looking for trees to protect. In most cases, members of the public contact him if they feel that a tree needs protecting. |
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Usually it’s someone elses tree! After all, you aren’t going to want to cut down your own tree are you? |
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But of course you might. Trees have a habit of growing. They may start to undermine your house foundations, block out the sun or get in the way of a new conservatory. |
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Even the best specimens need maintenance eventually. Lopping and Pruning them also neess consent! So bBefore getting the saw out, if your tree is protected, check with Mr Gale first. |
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TREES |
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in |
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Conservation Areas |
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Instead of a having individual trees subject to a Tree Preservation Order (TPO), CONSERVATION AREAS have a ‘blanket cover’ on mature trees within that area. (see opposite of what constitutes a ‘mature tree’) |
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Town and Country Planning (Trees) Regulations 1999 (S.I. 1999 No. 1892) |
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Preservation of trees in a Conservation Area |
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Section 211 |
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(1) Subject to the provisions of this section and section 212, any person who, in relation to a tree to |
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which this section applies, does any act which might by virtue of Section 198 (3) (a) be prohibited |
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by a tree preservation order shall be guilty of an offence. |
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(2) Subject to section 212, thia section applies to any tree in a conservation area in respect of which |
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no tree preservation order is for the time being in force. |
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(3) It shall be a defence for a person charged with an offence under sub-section (1) to prove - |
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a) that he served notice of his intention to do the act in question |
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(with sufficient particulars to identify the tree) on the local planning authority in whose |
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area the tree is or was situated; and |
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b) that he did the act in question - |
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(i) with the consent of the local planning authority in whose area the tree is |
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or was situated, or |
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(ii) after the expiry of the period of six weeks from the date of the notice, but before |
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the expiry of the period of two years from that date. |
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(4) Section 210 shall apply to an offince under this section as it apppies to a contravention of a |
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tree preservation order. |
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THE LEGAL BIT! |
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JUST WHAT IS A ‘TREE’ ? |
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For the purposes of these regulations a TREE is one where the trunk exceeds 75 millimetres (three inches in old money) in |
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DIAMETER not circumference!). |
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This measurement is to be taken 1.5 metres |
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(5 feet) up the trunk from |
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natural ground level. |
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BOX PARISH COUNCIL PROVIDES THIS INFORMATION TO BE HELPFUL ! IT IS NOT TO BE RELIED UPON AND READERS ARE ADVISED TO SEEK ADVISE FROM NWDC BEFORE TAKING ANY ACTION |
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Breaches of the regulations can incur a fine of £20,000 in a Magistrate’s Court, and in the Crown Court it’s unlimited ! |