TPOs – Where are we?

1. TPOs –Where are we? Peter Annett AA Conference 20/9/11

2. A new broom (or two) May 2010 – Coalition Government • Coalition Agreement • Cut red tape • Big society • Localism

3. The ‘greenest government ever’ © Guardian © Liverpool Daily Post G r e e n

4. Coalition Agreement We will … • promote the green industries that are so essential for our future • maintain the Green Belt, (SSSIs) and other environmental protections … • protect wildlife and promote green spaces and wildlife corridors … • launch a national tree planting campaign. The Coalition: our programme for government HM Government

5. Recent events May 2010 – Coalition Government • Coalition Agreement • Cut red tape • Big society • Localism • Financial constraints • Reduce burden & costs

6. Cutting Red Tape & Barrier Busting • Identify what adds costs and puts unnecessary burdens on individuals, business & local government • LPAs, and general public, invited to suggest processes that could be streamlined, improved or even scrapped altogether • Red Tape Challenge • Regulations published on-line by theme e.g. Environment • www.redtapechallenge.cabinetoffice.gov.uk • Barrier Busting • Address real and perceived barriers at the local level

7. Statutory duties • Review of statutory duties placed on local government • Re protected trees: • s197 - Include appropriate provision for the protection of trees in a planning permission • s203 - Pay compensation arising under TPOs • s204 - Pay compensation where requirement to replant trees • Any consideration to remove duties or associated guidance will include consultation

8. Big Society It is about helping people to come together to improve their own lives. Cabinet Office 2010 – December - Big Tree Plant 2011 - May – Allotments - June – Community right to build – Ideas to tidy up streets - July – Opening up public services - August – Community orchards - Sept – Local people to influence running of National Parks

9. Localism Bill The time has come to disperse power more widely in Britain today.Coalition Agreement Council: Residents able to call for local referendums and challenge LA services Housing: Scrap HIPs and review social housing Planning: Abolish RSS, & IPC. Allow neighbourhood plans and development orders. Green area designation. Presumption in favour of sustainable development. Review time limit for enforcement.

10. National Planning Policy Framework We need a simpler, swifter system that is easier to understand Greg Clark - July 2011 • Consolidates 1,000 pages of policy to just 52 • Consultation closes: 17 October • Natural Environment White Paper • Guidance

11. Concerns • Council Leader suggests he will drop archaeological reports, to streamline the planning system • CPRE concerned about threats to AONBs • TCPA call for new garden cities • NT meets with Minister to discuss NPPF • RTPI launch pro-planning campaign • NPPF Myth-Buster launched 8/9/11 • PM agrees to meet groups re planning policy

12. Other announcements • England • Planning guarantee to determine planning applications in 12 months • To consult on reducing information to accompany planning applications • Wales • Appeal consultation includes fast track appeals for TPOs? Consultation ends 17/11/11 • Planning reform to consolidate existing planning legislation. Consult 2012? • Northern Ireland • Fine for destroying a protected tree now £100,000 – summary conviction • High hedges legislation March 2012? Consultation on guidance ends11/11/11 • Law Society • Review legislation relating to rights to light and wildlife in 2012

13. Red tape and TPOs Tree preservation regulations: • Simplify and streamline the approach to tree protection to reduce the administrative burden • Produce a unified system which will apply to all TPOs • Reduce complexity of the model order • Create a more equitable system • Consolidate regulations Eric Pickles – 7 July 2010 © nalgao

14. TPO proposals • Consolidate TPO provisions • Streamline certain procedures • Not a fundamental review of the tree protection regime • No change to conservation areas

15. Background • Principal legislation: Town & Country Planning Acts of 1947, 1962, 1971, 1990 • Aim to protect trees of amenity value to local communities • Include, but not exclusively, those under threat from development

16. Background • Model orders: 1949, 1953, 1966, 1969, 1999 • Different provisions apply to each model • Regime could be less cumbersome, more consistent and more fair

17. Transferprovisions Consolidate Transfer provisions Legal framework Existing TPOs New Regulations 1999 & 2008 Regulations TCPA 1990

18. Model order Current position • Long and complex order • Not user friendly Proposal • Follow concept arising from the cancellation of provisions in existing orders • Model order to have covering page, list of trees and map

19. Immediate protection Current position • s.198 - TPO takes effect when LPA confirm • s.201 direction • TPO comes into immediate effect for 6 months • Confirmation required • Most TPOs made under s.201 Proposal • All new TPOs to have immediate effect • Without confirmation TPO would lapse after 6 months

20. Informing interested parties Current position • Pre 1999 – notify owners & occupiers of land where trees situated • Post 1999 – As above plus owners/occupiers of adjacent land • Often a burden on LPAs • Copies of TPO often sent to people with no interest Proposal • Focus on those who have an interest – owner/occupier and those who have a right to prune or fell the trees • LPAs would be free to tailor further notification to suit the particular circumstances • Notify agent if TPO made as a result of a s.211 notice

21. Exceptions Current position • s198(6) – consent for tree work not required where tree is dead, dying or has become dangerous • Uncertainty for all as to where the boundaries are • Unnecessary applications, enforcement unclear Proposal • Omit “dying” from exceptions • Limit excepted work to dangerous trees to what is urgently necessary in the interests of safety

22. Consents Current position • Power to impose time limiting conditions • Applications for regular work not always entertained • Power to modify/revoke consents under pre 1999 TPOs Proposal • Set default time limit – 1yr • LPA can vary duration • Applications/consents may include repeated work or programmes of work • Delete power to modify or revoke consents

23. Replacement planting Current position • Condition may be attached for replacement planting • For woodlands a direction is issued with prescribed content Proposal • Use conditions for replacement planting for any TPO tree felled with consent • Remove power to issue a direction for woodlands

24. Compensation Current position • Two systems in place • Pre 1999 orders • Article 5 certificates • Post 1999 orders • More clearly defined framework • No article 5 certificates Proposal • Adopt one system as contained in the current 1999 Regs • No power to issue “article 5” style certificates

25. Transitional arrangements • TPOs made but not confirmed • Applications being determined • Currency of article 5 certificates • Compensation rights • Appeals to be made or in progress • Enforcing conditions and directions ©Sharenator

26. Consultation - next steps Consultation • Report and Government response Next steps • Review draft regulations • Committee clearance • Lay before Parliament • Regulations commence ©Sharenator

27. And yes - there are other things in life Thank you

28. What would the changes be? And, meanwhile, what else is going on in law? ©ftb Charles Mynors AA Conference 20/9/11