Guide to Tree Preservation Orders and Trees in - TREE PRESERVATION

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Guide to Tree Preservation Orders and Trees in - TREE PRESERVATION Powered By Docstoc
					TREE PRESERVATION ORDERS AND                        the works proposed, particularly if felling is         TREES IN CONSERVATION AREAS
                                                                                                         WHAT IS A CONSERVATION AREA?
                                                    WHAT HAPPENS IF WORK IS CARRIED
             INTRODUCTION                           OUT ON A PROTECTED TREE WITHOUT
                                                    PERMISSION?                                          A Conservation Area is an area of special
Trees, both individually and in groups, play an                                                          architectural or historic interest the character
important role in forming the character and                                                              or appearance of which it is desirable to
attractiveness of the Craven landscape and          If you cut down, uproot or wilfully destroy a        preserve or enhance.
provide an essential wildlife habitat. For these    tree, or wilfully damage, top or lop a tree in a
reasons some trees need to be protected by          manner likely to destroy it, you could be fined      Such areas are designated by local planning
Tree Preservation Orders.             Those in      up to £20,000 on summary conviction, or an           authorities under the provisions of the Planning
Conservation Areas also have a measure of           indictment to an unlimited fine. You will also (in   (Listed Buildings and Conservation Areas) Act
protection.                                         most circumstances) have to plant a                  1990.
                                                    replacement tree if the tree was removed or
    TREE PRESERVATION ORDERS                                                                             HOW ARE TREES PROTECTED IN
                                                                                                         CONSERVATION AREAS?
                                                    WHAT WORKS NEED THE LOCAL
                                                    AUTHORITY’S PERMISSION?                              For trees within a Conservation Area that are
                                                                                                         not protected by a Tree Preservation Order,
A Tree Preservation Order is an order made by                                                            you must give the Council six weeks notice if
the Local Planning Authority which makes it an      It is advisable to consult the Local Authority if    you want to carry out work on them.
offence to cut down, top, lop, uproot, wilfully     you wish to undertake any works on a protected
damage or wilfully destroy a tree without the       tree, there are, however, some exceptions to         You must not carry out any work during that
planning authority’s permission.                    this, the principal ones are as follows:             period without permission.
                                                    Cutting down a tree under a forestry               The Council can only prevent the work by
HOW CAN I FIND OUT IF A TREE IS                       dedication covenant, or a plan of operations       serving a Tree Preservation Order within the 6
PROTECTED BY A TREE PRESERVATION                      approved by the Forestry Commission, or            week period. If the proposed work is in the
ORDER?                                                where the Forestry Commission has granted          interests of good arbouricultural management
                                                      a felling licence.                                 and is reasonable, a Tree Preservation Order is
                                                                                                         unlikely to be made and the work, in effect,
Records of all Tree Preservation Orders are
                                                    Cutting down or cutting back a tree:               becomes authorised.
kept at the Council Offices and are available
for inspection. Alternatively contact the Tree/       
Enforcement Officer on 01756 706447.                  which is dying, dead or dangerous, or            WHAT HAPPENS IF WORK IS CARRIED
                                                                                                        OUT ON A TREE IN A CONSERVATION
                                                      which is directly in the way of
                                                                                                         AREA WITHOUT PERMISSION?
WHAT IS THE PROCESS FOR APPLYING TO                      development that is about to start and
CARRY OUT WORKS TO A TREE?                               for which detailed planning permission
                                                         has been granted, or                            If unauthorised work is carried out on a tree in
                                                                                                        a Conservation Area, you could be fined up to
Complete and submit an application form               which is a fruit tree cultivated for fruit       £20,000.
(available at the Council Offices) specifying the
work proposed and the reasons for it. It would
                                                                                                         You may also be       required   to   replant   a
be helpful to submit a report from a qualified
arboriculturist or tree surgeon, which justifies
                                                     If in doubt, check with the Council                 replacement tree.
The following diagrams illustrate what the basic tree
work terms are.
                                                        CONSERVATION AREAS IN CRAVEN
                                                         (Outside the Yorkshire Dales National Park)

This is mainly carried out                              BELL BUSK
to allow more light through                             BRADLEY
the crown of the tree                                   BURTON-IN-LONSDALE
without altering the basic                              CARLETON
shape and size of the tree.                             CONISTON COLD
The removal of dead and diseased wood should be         CONONLEY
undertaken prior to thinning to the required density.
                                                        DRAUGHTON                                          CRAVEN DISTRICT
                                                        EMBSAY AND EASTBY
                                                        FARNHILL                                               COUNCIL
This may be carried out                                 GARGRAVE
to increase the clearance                               GIGGLESWICK
between ground level and                                HALTON EAST
lower branches to:                                      INGLETON
Allow access below the tree.                          KILDWICK
To allow greater air and light penetration.           KILDWICK GRANGE
To allow adequate clearance above the road            LONG PRESTON
    (17 ft. minimum) or public footpath (8 ft.          LOTHERSDALE
    minimum).                                           EAST AND WEST MARTON
                                                        (Hellifield - Langcliffe)
This drastic form of                                    SKIPTON
pruning may be allowed in                               SUTTON-IN-CRAVEN
special circumstances only:                             THORNTON-IN-CRAVEN
To reduce weight on                                   The Officers that deals with Tree Preservation            GUIDE TO
   potentially dangerous
                                                        Orders are Ted Gill who can be contacted on      TREE PRESERVATION ORDERS
To balance a misshapen tree.                          (01756) 706447 and Peter Lambert on (01756)             AND TREES IN
To prevent trees obstructing or damaging              706265
   buildings and property.                                                                                 CONSERVATION AREAS
To prevent interference with overhead cables.
                                                        Planning Services Unit
REMOVAL OF OVERHANGING BRANCHES                         Council Offices
                                                        Granville Street
In cases where branches
overhang gardens,
                                                                                                           YOUR QUESTIONS
buildings or structures or
neighbouring property,                                  North Yorkshire                                       ANSWERED
this can often be                                       BD23 1PS
addressed by re-shaping
the tree.                                                                                                        January 2000

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