UKTC Archive

Re: Model TPO: Crown Immunity

Subject: Re: Model TPO: Crown Immunity
From: Julie Richardson
Date: Jun 08 2006 14:40:06
Further to my last posting, Steve Clark has prepared a brief summary of the 
points arising under the new legislation (below) which some of you may find
useful. JulieTrees & Hedges Team DCLG
ON CROWN LAND From 7 June 2006, the planning system will apply to the Crown. 
This means that local planning authorities (LPAs) will be able to make tree
preservation orders (TPOs) in respect of Crown land.  Crown bodies, except the
Forestry Commission, will also be required to give the usual six weeks' notice
of work to trees in conservation areas.   The key messages for LPAs and tree
officers to bear in mind from 7 June are: 1) Make sure all your TPOs follow 
new model form, whether or not they relate to Crown land.Some changes have 
made to the model form of TPO, and these should be reflected in all orders 
from 7 June.  Two exemptions have been added in article 5.  The first allows
tree works which are "urgently necessary for national security purposes".  The
second allows tree works which are required to enable the implementation of
certain orders made under the Highways Act 1980, for example orders 
the construction of a motorway. The revised model TPO is available on the DCLG
website -  2) Think twice
before making TPOs on Crown landBefore making TPOs on Crown land, tree 
should have particular regard to the advice in Tree Preservation Orders: A 
to the Law and Good Practice that it is unlikely to be expedient to make a TPO
on trees which are under good management.  The mere fact that the planning
system applies to the Crown does not make it expedient to make TPOs in respect
of Crown land. 3) In conservation areas, consider agreeing management plans 
Crown bodies to avoid the need for large numbers of section 211 notices On 
which are subject to good tree management and where large numbers of trees are
maintained on a regular basis (such as in public parks and gardens), a
significant increase in paperwork could arise.  The relevant parties are 
to seek administrative ways of reducing the burdens associated with the
submission and processing of high numbers of section 211 notices.  They are
encouraged, where appropriate, to agree a programme of works which might form
the basis of just one section 211 notice over a specified period of time, such
as one or two years.  A programme of works would contain sufficient 
to identify the relevant trees, but would not need to include a detailed
specification of all anticipated works to each tree on the site.  It would be
sufficient for the programme of works to describe in general terms the classes
of works which are likely as a matter of routine maintenance to be carried out
on the site, which the LPA would be prepared to authorise on the basis that 
site is under good management.  4) TPOs made under the old Crown land
legislation will remain in forceThe old Crown land legislation has been
repealed, but bear in mind that the repeal of section 300 of the Town and
Country Planning Act 1990 does not affect its operation in relation to TPOs
already made under that section.  Note, however, that these TPOs only take
effect when the land is disposed of by the Crown.  The advice in paragraphs 
to 2.7 of Tree Preservation Orders: A Guide to the Law and Good Practice has
been cancelled.   

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