TPOs –
Where are
we?
Peter
PeterAnnett
Annett
AA Conference 20/9/11
A new broom (or two)
May 2010 – Coalition Government
• Coalition Agreement
– Cut red tape
– Big society
– Localism
Peter Annett
AA Conference 20/9/11
The ‘greenest government ever’
© Guardian
Peter Annett
© Liverpool Daily Post
AA Conference 20/9/11
Coalition Agreement
We will …
• promote the green industries
that are so essential for our
future
The Coalition:
our programme
for government
• maintain the Green Belt,
(SSSIs) and other
environmental protections …
• protect wildlife and promote
green spaces and wildlife
corridors …
HM Government
Peter Annett
• launch a national tree planting
campaign.
AA Conference 20/9/11
Recent events
May 2010 – Coalition Government
• Coalition Agreement
– Cut red tape
– Big society
– Localism
• Financial constraints
• Reduce burden & costs
Peter Annett
AA Conference 20/9/11
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
Peter Annett
AA Conference 20/9/11
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
Peter Annett
AA Conference 20/9/11
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
Peter Annett
AA Conference 20/9/11
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.
Peter Annett
AA Conference 20/9/11
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
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
Peter Annett
AA Conference 20/9/11
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
Peter Annett
AA Conference 20/9/11
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
© nalgao
Eric Pickles – 7 July 2010
Peter Annett
AA Conference 20/9/11
TPO proposals
• Consolidate TPO
provisions
• Streamline certain
procedures
• Not a fundamental
review of the tree
protection regime
• No change to
conservation areas
Peter Annett
AA Conference 20/9/11
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
Peter Annett
AA Conference 20/9/11
Background
– Model orders: 1949,
1953, 1966, 1969,
1999
– Different provisions
apply to each model
– Regime could be
less cumbersome,
more consistent and
more fair
Peter Annett
AA Conference 20/9/11
Legal framework
Existing TPOs
1999 & 2008
Regulations
TCPA 1990
Peter Annett
Transfer provisions
Consolidate
New
Regulations
Transfer provisions
AA Conference 20/9/11
Model order
Current position
Proposal
• Long and complex order
• Follow concept arising from the
cancellation of provisions in
existing orders
• Not user friendly
• Model order to have covering
page, list of trees and map
Peter Annett
AA Conference 20/9/11
Immediate protection
Current position
Proposal
• s.198 - TPO takes effect when
LPA confirm
• All new TPOs to have
immediate effect
• s.201 direction
– TPO comes into
immediate effect for 6
months
– Confirmation required
• Without confirmation TPO
would lapse after 6 months
• Most TPOs made under s.201
Peter Annett
AA Conference 20/9/11
Informing interested parties
Current position
Proposal
• Pre 1999 – notify owners &
occupiers of land where trees
situated
• Focus on those who have an
interest – owner/occupier and
those who have a right to prune
or fell the trees
• 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
Peter Annett
• 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
AA Conference 20/9/11
Exceptions
Current position
Proposal
• s198(6) – consent for tree work
not required where tree is dead,
dying or has become
dangerous
• Omit “dying” from exceptions
• Uncertainty for all as to where
the boundaries are
• Limit excepted work to
dangerous trees to what is
urgently necessary in the
interests of safety
• Unnecessary applications,
enforcement unclear
Peter Annett
AA Conference 20/9/11
Consents
Current position
Proposal
• Power to impose time limiting
conditions
• Set default time limit – 1yr
• LPA can vary duration
• Applications for regular work
not always entertained
• Power to modify/revoke
consents under pre 1999 TPOs
• Applications/consents may
include repeated work or
programmes of work
• Delete power to modify or
revoke consents
Peter Annett
AA Conference 20/9/11
Replacement planting
Current position
Proposal
• Condition may be attached for
replacement planting
• Use conditions for replacement
planting for any TPO tree felled
with consent
• For woodlands a direction is
issued with prescribed content
Peter Annett
• Remove power to issue a
direction for woodlands
AA Conference 20/9/11
Compensation
Current position
Proposal
• Two systems in place
• Adopt one system as contained
in the current 1999 Regs
– Pre 1999 orders
• Article 5 certificates
• No power to issue “article 5”
style certificates
– Post 1999 orders
• More clearly defined
framework
• No article 5 certificates
Peter Annett
AA Conference 20/9/11
Transitional arrangements
• TPOs made but not confirmed
• Applications being determined
• Currency of article 5 certificates
• Compensation rights
©Sharenator
• Appeals to be made or in progress
• Enforcing conditions and directions
Peter Annett
AA Conference 20/9/11
Consultation - next steps
Consultation
• Report and Government
response
Next steps
• Review draft regulations
• Committee clearance
©Sharenator
• Lay before Parliament
• Regulations commence
Peter Annett
AA Conference 20/9/11
And yes - there are other things in life
Thank you
Peter Annett
AA Conference 20/9/11
What would the changes be?
And, meanwhile, what else is going on in law?
©ftb
Charles Mynors
AA Conference 20/9/11