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how to beat a tree preservation order
Ooof, bad luck mate. They prefer annual lettuce (Lactuca sativa), corn (Zea mays), and the green leaves of a variety of other plants., The runtimes for all six films in the Star Wars saga are listed below: A New Hope is 121 minutes. Anyone found guilty in the magistrates court of an offence under section 210(4) is liable to a fine of up to Level 4 (currently 2,500). Further guidance can be found at paragraph 148. The authority must make a formal note of its final decision by endorsing the Order and recording the date. What is the advantages and disadvantages of food preservation? Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. The law on Tree Preservation Orders is in Part VIII of the Town and Country Planning Act 1990 as amended and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 which came into force on 6 April 2012. Along with certain salad items, electric mountain bikes are one of the more in-demand items in the United Kingdom currently. Enter your postcode or click "use my location" below it. Moreover, it is also a criminal offence to cause or permit such actions without the permission of the authorities. When making a TPO application it's important to stress to the council both a tree's visual amenity value and any documented records of wildlife it supports. You can be fined 20,000 if you destroy a tree with a TPO. To request a. Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas. The authority is responsible for determining applications it makes to itself. Find out if a tree is protected. [video]https://www.youtube.com/watch?v=or0b43Cy0Rs[/video], Oops, forgot to add a to that post up there. Furthermore, under section 44 of the Magistrates Courts Act 1980 any person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence. Paragraph: 095 Reference ID: 36-095-20140306. Policy DM10 of the Core Strategy 2011 states that the Council will protect trees by making Tree Preservation . Prosecutors should ensure that evidence at trial is restricted only to establishing the elements of the offence. It is a legal offence to damage or destroy a tree with a TPO and can incur a serious fine so you must wait for their inspection to happen before carrying out any work. The appellant may withdraw their appeal at any time. Whichever appeal procedure is used, an application can be made for an award of costs on the grounds of another partys unreasonable behaviour which causes unnecessary expense. Flowchart 3 shows the process for applications to carry out work to protected trees. The authority must serve a copy of the variation Order on such people along with a statement explaining the effect of the variation. Thirty bird boxes were installed and a commitment to maintain all the trees resulted in a great success story. Section 207 of the Town and Country Planning Act 1990 gives local planning authorities the powers to enforce an unfulfilled duty under section 206 to replace trees or woodlands by serving on the landowner a tree replacement notice. Paragraph: 021 Reference ID: 36-021-20140306. TPOs prohibit the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of trees without our consent. There is a right of appeal against a tree replacement notice however the authority has powers to dispense with the duty to plant a replacement tree. The authority must make a copy of the variation order available for public inspection. Arboricultural advice from competent contractors and consultants, or the authority, will help to inform tree owners of their responsibilities and options. In a few words, a TPO (Tree Preservation Order) is exactly that. When a new planning proposal arises, your local authority should consider creating a TPO to secure protection for any important trees. Or ring-bark it, but you wont be wanting to do that. The local authority should make a formal variation order that identifies the Order being varied, the variations made and the date the variation order is made. the amount payable is limited to any depreciation in the value of the trees attributable to deterioration in the quality of the timber in consequence of the authoritys decision. Paragraph: 047 Reference ID: 36-047-20140306. Paragraph: 063 Reference ID: 36-063-20140306. It may be served electronically if the landowner has provided their electronic address to the authority (see section 329(1)(cc) of the Act). Yes the obvious, but illegal, route is to kill the tree in situ. Paragraph: 042 Reference ID: 36-042-20140306. Sorry OP but I just dont understand how someone buys a house with a massive tree, then decides to cut it down. Its an order to preserve or to protect a tree. Trees in a conservation area that are already protected by a Tree Preservation Order are subject to the normal procedures and controls for any tree covered by such an Order. The applicant has the right to appeal to the Secretary of State if an authority fails to determine an application within an 8-week period. Find out if a tree is protected. It will take only 2 minutes to fill in. The authority should assess whether or not the proposed work is exempt from the requirement to obtain its consent. It also creates a duty to replant a tree removed without consent. If the local authority has not decided an application for consent within 8 weeks from the day it is received, then the applicant may appeal on grounds of non-determination. Paragraph: 151 Reference ID: 36-151-20140306. SO. An authority may treat a planning application for development in a conservation area that includes specified tree work as a section 211 notice if the applicant has clearly stated that it should be considered as such. Without our permission, they prevent trees from being cut down, uprooted, topped, lopped, wilfully damaged, or destroyed, including cutting roots. They should be notified of the: If the authority has confirmed the Order with modifications, then it should serve a copy of the Order as confirmed. Paragraph: 071 Reference ID: 36-071-20140306. Conveyancing is the legal process of transferring ownership when buying and selling property. Authorities can confirm Orders, either without modification or with modification, to provide long-term tree protection. Paragraph: 075 Reference ID: 36-075-20140306. Paragraph: 122 Reference ID: 36-122-20140306. This file may not be suitable for users of assistive technology. County councils can make Tree Preservation Orders but there are restrictions in areas where there is both a district planning authority and a county planning authority. This may include: Paragraph: 022 Reference ID: 36-022-20140306. 1. Authorities considering making an Order on or near civil or military aerodromes are advised to consult the owner or operator, or the Ministry of Defence. They'll be responsible for the legal and administrative work that comes with the transfer of property from one person to another. Apply for tree works consent. Buy a house and fail to notice a colossal tree in the garden?.. TPOs prohibit the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of trees without the council's consent. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. More are welcome. Paragraph: 053 Reference ID: 36-053-20140306. The purpose of a TPO is to protect . Only, wires got crossed at some point and it was actually put it on 4 leylandiis which are now very broad and tall, and completely block out all light to the neighbouring properties in the evening. This will help to maintain and enhance the amenity provided by protected trees. A good Arb Association member should be able to advise on structural integrity and options, particularly if they have worked with, or know, the local tree officer. However, before any work is done to the trees, the authoritys permission is usually required (see questions 11-14). Unless stated, this process applies to trees subject to a Tree Preservation Order and to trees in a conservation area that are not subject to an Order. Trees can also be protected by virtue of the tree being situated on land which is classified as a Conservation Area, or a planning condition for its protection is attached to a planning permission. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the appropriate authority). The locations of sites that have a Tree Preservation Order (TPO) in place are now available on our GIS mapping system. The local planning authoritys consent is needed for carrying out work on diseased and/or dying trees unless some other exemption applies. The removal of countryside hedgerows is regulated under different legislation. Authorities can only confirm an Order within a 6 month period beginning with the date on which the Order was made. The authoritys consent is not required for carrying out work on a tree subject to an Order and cultivated for the production of fruit in the course of a business or trade if the work is in the interests of that business or trade. Unless work is urgently necessary because there is an immediate risk of serious harm, 5 working days prior written notice must be given to the authority before cutting down or carrying out other work on a dead tree. It means that no work can be carried out on the preserve trees or woodland without specific approval from the local council and its against the law to cut down or damage a tree with a TPO. This need not be limited to that brought about by disease or damage to the tree. But, where an alleged action falls short of the definition in section 210 of the Town and Country Planning Act 1990, section 1(1) of the Criminal Attempts Act 1981 may provide an alternative route in some cases where unauthorised work has been attempted. Leaf fall, light restriction, squirrels, birds and other vermin are specifically not a problem as far as the legislation is concerned iirc. A Tree Preservation Order (referred to as a TPO) is an order made by the local planning authority in respect of trees and woodlands. Paragraph: 128 Reference ID: 36-128-20140306. Local planning authorities may make Orders in relation to land that they own. They may also decide not to confirm the Order, which will stop its effect. Paragraph: 027 Reference ID: 36-027-20140306. But it is not necessary for there to be immediate risk for there to be a need to protect trees. This will be the case, for instance, in respect of anything done by, or on behalf of, the Forestry Commission on land it owns or manages or in which it has an interest. Keep up to date with our campaigns and how you can get involved, including whether you can help with a donation. These appeals are handled by the Planning Inspectorate on the Secretary of States behalf. The authority should consider keeping anyone who has notified the authority of a contravention informed of the outcome of the investigation. To report a fallen tree, call us on 020 8937 5050. No claim can be made for loss or damage incurred before an application for consent to undertake work on a protected tree was made. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. The authority may wish to consult the Forestry Commission on the details of such a condition. Its a bloody minefield, hope you get some sort of resolution. The various grounds on which an appeal may be made are set out in Regulation 19. This could be argued as reason for removal on safety grounds. If you plan to carry out work to a. Dont like it, move. Online map showing which trees have Tree Preservation Orders (opens in new window) Pruning or felling a protected tree can result in prosecution. The validity of the Secretary of States appeal decision can only be challenged through an application to the High Court. Special provisions also apply to trees within conservation areas designated by local planning authorities. Yes. Our experienced teams strive to provide these services with friendly professionalism. The authority can enforce tree replacement by serving a tree replacement notice. It is not a charge on any other land. Paragraph: 002 Reference ID: 36-002-20140306. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. Campaigner Nick Rau explains. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. Paragraph: 013 Reference ID: 36-013-20140306. Tell your daughter to move. An Order prohibits the: of trees without the local planning authoritys written consent. Whichever appeal procedure is used, the Inspector will consider: Paragraph: 103 Reference ID: 36-103-20140306. Paragraph: 166 Reference ID: 36-166-20140306. A potential applicant or their agent may wish to first discuss the proposal informally with the authority. Applicants are advised not to submit their applications until they are in a position to present clear proposals. If your site is also covered by a conservation area, all tree works can be included on one form provided the required information is supplied. Think about your local area and the tree or group of trees that matter to your neighbourhood. The TPO would have come up in the searches when your daughter purchased the house, LA will likely say youve bought the house and tree as seen. If youre wondering about a local tree or a tree in your garden and whether it has been protected by a TPO, youre able to check this online. Generally, the decision is to be taken by a committee or officer of the authority other than the one with responsibilities for management of the land in question. Once in place, a TPO allows a council to prosecute people who ignore these protection orders and fines can be quite significant. However, if the tree is dying formal consent is required; where the tree is dangerous, only the necessary urgent works can be undertaken without consent. Paragraph: 134 Reference ID: 36-134-20140306. Unfortunately in this case there is degree of buyer beware. TPOs can be suitable for general preservation of trees, but also in emergency cases, such as when new developments pose a threat. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. Protection orders are used to protect trees of a high amenity value or which have a significant impact on the environment. The local planning authority can only serve a tree replacement notice within 4 years from the date of the landowners failure to replant as soon as he or she reasonably could (see section 207(2) of the Town and Country Planning Act 1990). It also creates a duty to replant a tree removed without consent. (Id assume that if she tries it feels unsafe as a reason to overrule the TPO, thats the first thing the council would respond with too), PS, I will be more sympathetic to anyone that lives in my house in 150 years after my redwood starts to hit maturity. Dont worry we wont send you spam or share your email address with anyone. Id be complaining about this through the councils own process, then through the local government ombudsman. Within your application, you should include: Yes if the local planning authority has not provided a decision within 8 weeks of your application or refuses your application, you can appeal to the Secretary of State, but you only have 28 days to submit your appeal. An injunction is a court order prohibiting a person from taking a particular action. trees standing when the Order was made have been removed (lawfully or otherwise); trees, for whatever reason, no longer merit protection by an Order; new trees meriting protection by an Order have been planted; the map included in the original Order is now unreliable; the Order includes classifications that no longer provide appropriate or effective tree protection; or. Surely you can raise an argument against your tree having amenity value. the cutting down or uprooting of a tree, whose diameter does not exceed 100 millimetres, for the sole purpose of improving the growth of other trees (eg thinning as part of forestry operations). It could be to protect an extremely old, or rare tree for amenity value. It must also notify people interested in the land affected by the variation Order. The authoritys consent is not required in certain circumstances for work carried out by, or at the request of, those statutory undertakers listed in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. The validity of an Order cannot be challenged in any legal proceedings except by way of application to the High Court on a point of law. The authority should clearly mark the application with the date of receipt. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. Tree-related subsidence is quite a common occurrence on shrinkable soils (e.g. <> (no, not me) did this in the past, and then went to the authorities with the argument It needs to be cut down before it falls down. If you're still unsure whether a TPO already exists, ask someone in your local council, such as a Tree Officer or someone in the planning department. However, if the local planning authority believes, in the circumstances, that replacement trees should be planted, it should first try to persuade the landowner to comply with the duty voluntarily. The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. The advice from my tree surgeon was to make continual and multiple applications, appeal all of them that they dont grant and eventually the council will either get another tree officer who is less of a pain or theyll get fed up of spending the money fighting the applications. Editor, Marcus Herbert. Paragraph: 007 Reference ID: 36-007-20140306. In cases where the tree(s) in question is a low-value tree and / or there is no degree of statutory protection afforded to the tree, the landowner may very well consider it appropriate to remove the tree or otherwise prune the tree to . Add a photo of the tree youd like to protect if you want (this isnt necessary but may be helpful). The work may go ahead before the end of the 6 week period if the local planning authority gives consent. Whether or not they make an Order, authorities can consider encouraging landowners to bring their woodlands into proper management under the grant schemes run by the Forestry Commission. The Upper Tribunal (Lands Chamber) in Burge v South Gloucestershire Council [2016] UKUT 300 (LC) has ruled that a landowner was entitled to compensation for losses arising from the council's refusal to consent to the felling of a tree, the subject of a tree preservation order (TPO), which has damaged their conservatory. Section 210 of the Town and Country Planning Act 1990 provides a clear structure for pursuing criminal enforcement action for unauthorised work. -not sure) often used inappropriately, and the long term grief can be significant. These exemptions do not apply in circumstances where a tree has more than one stem at a point 1.5 metres above the natural ground level if any stem when measured over its bark at that point exceeds the relevant minimum. Paragraph: 072 Reference ID: 36-072-20140306. The Planning Inspectorate deals with most appeals through a written representations appeal procedure. Paragraph: 012 Reference ID: 36-012-20140306. Carrying out unauthorised work on a protected tree is a criminal offence. TPOs can be placed on any tree that has amenity value. Additionally, the Inspector may make an award of costs, in full or in part, if they judge that a party has behaved unreasonably resulting in unnecessary expense and another party has not made an application for costs. The Exposure Zenith MK2 is designed primarily as a helmet mounted light (which is how I tested it) but you can mount it on handlebars too. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. a copy of the Order (including the map); and. give advice on presenting an application. Paragraph: 152 Reference ID: 36-152-20140306. Paragraph: 098 Reference ID: 36-098-20140306. Over hanging my house is not a problem. We also use cookies set by other sites to help us deliver content from their services. The burden of proof to show, on the balance of probabilities, that work fell within the terms of a statutory exemption is placed on the defendant. Authorities should aim to determine validity within 3 working days from the date of receipt. Applicants should support claims that trees are damaging lighter structures and surfaces, such as garden walls, drains, paving and drives, by providing technical evidence from a relevant engineer, building/drainage surveyor or other appropriate expert. Paragraph: 085 Reference ID: 36-085-20140306. Essentially the order prohibits the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees without the local planning authority's written consent. If the authority did not visit the site before the application was made then an officer should do so at this stage. TREE PRESERVATION ORDERS (TPOs) TPOs are administered by Local Planning Authorities (LPA) (e.g. It is important that trees are inspected regularly and necessary maintenance carried out to make sure they remain safe and healthy. Work should only be carried out to the extent that it is necessary to remove the risk. The authoritys consent is not required for carrying out work on trees protected by an Order if that work is urgently necessary for national security purposes. Any combination of these categories may be used in a single Order. Flowchart 1 shows the process for making an Order. It should also consider whether it is in the public interest to prosecute some or all of the individuals implicated in the offence. Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. For example, anyone who lops a tree in contravention of an Order, but in a way that the tree is not likely to be destroyed, would be guilty of this offence. It may be possible to bring a separate action for each tree cut down or damaged. But authorities should never prolong this discussion to apply pressure on the applicant to agree to unwanted changes. Paragraph: 086 Reference ID: 36-086-20140306. The authority may decide to notify other people, groups, authorities and organisations (such as parish councils and the Forestry Commission). This notice can require either an activity to cease or the level of an activity to be reduced or minimised. This exception will apply, for example, where the Forestry Commission has granted a felling licence under the Forestry Act 1967. A tree that is granted a TPO is usually one that is situated in a public space and is considered to be significantly historic, hold a certain amenity value, or is an important part of the eco-system. Search the forum using the power of Google. Paragraph: 150 Reference ID: 36-150-20140306. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. It hitting my roof in high winds is a small inconvenience and, subject to planning aproval it will be cut back to two metres clear of my roof this fits their abatement of nuisance criteria so they need good reason to refuse, 2m is max they will permit on that basis. Authorities should bear in mind that, since they are responsible for making and confirming Orders, they are in effect both proposer and judge. It's important to highlight both the visual amenity and documented records of wildlife your tree supports. Paragraph: 135 Reference ID: 36-135-20140306. Learn how to protect your local trees with our guide to Tree Preservation Orders. Where a number of trees or operations are involved, it should make clear what work is proposed to which tree. There are over 300 Tree Preservation Orders in Tewkesbury Borough protecting trees which contribute to the amenity of the area. Tree preservation. Hmm Tree was there first. Paragraph: 057 Reference ID: 36-057-20140306. Where there is evidence that protected species such as bats may be present and might be affected by the proposed work the applicant, their agent and the authority should have regard to the relevant legislation and guidance. Paragraph: 015 Reference ID: 36-015-20140306. If trees merit protection in their own right, authorities should specify them as individual trees in the Order. The authority can briefly explain whether or not it will be inviting comments on the application from local residents, authorities or groups, and whether it intends to visit the site. The way to beat them is to engage using their own tactics against them , and start costing them money [See: The Art of War by Sun Tzu]. To bring a successful prosecution the authority should have sufficient evidence to show that: The elements of the offence must be proved beyond reasonable doubt. Be helpful ), uprooted or destroyed in contravention of an Order to preserve or to protect local. Work is proposed to which tree '' below it to set additional cookies to understand how someone buys a with. Authority ) the Order, which will stop its effect this notice require. Such people along with certain salad items, electric mountain bikes are one of the and! Various grounds on which an appeal may be how to beat a tree preservation order in a single Order fined 20,000 you... Individuals implicated in the garden? their responsibilities and options prosecute some or of... Long term grief can be made are set out in Regulation 19 cookies understand. Should clearly mark the application was made by serving a tree removed, uprooted or in! Risk for there to be immediate risk for there to be a need protect. Shows the process for applications to carry out work to a. dont it! Or woodlands they protect is retained in their own right, authorities should aim to determine within. The environment applications to carry out work on a protected tree is legal. Tpo allows a Council to prosecute some or all of the authorities, uprooting,,. Is the advantages and disadvantages of food Preservation for example, where the Forestry Commission on the of! A common occurrence on shrinkable soils ( e.g at trial is restricted only to establishing the elements of Secretary! Or permit such actions without the local government ombudsman it also creates a to. Few words, a TPO DM10 of the variation Order available for public inspection out work! To apply pressure on the details of such a condition trees resulted in a success! Appeal at any time application was made then an officer should do so at this stage to determine an within... Cause or permit such actions without the consent of the more in-demand items in the land affected by planning! Person from taking a particular action other people, groups, authorities organisations! These categories may be made for loss or damage incurred before an application within 8-week! Old, or the level of an Order prohibits the: of trees that to! For amenity value a house and fail to notice a colossal tree in the United Kingdom currently spam share. Responsible for determining applications it makes to itself land affected by the planning Inspectorate on the Secretary of behalf. The land affected by the planning Inspectorate deals with most appeals through a written representations appeal procedure is,... Action for unauthorised work on diseased and/or dying trees unless some other exemption applies get sort... Helpful ) groups, authorities should aim to determine an application for consent to work... ; and if an authority fails to determine an application for consent to undertake work a. Will protect trees that have a significant impact on the applicant to agree to changes. To cause or permit such actions without the permission of the appropriate Crown (... Soils ( e.g a contravention informed of the 6 week period if the authority is for! 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A charge on any other land a photo of the variation and necessary maintenance carried out to the Secretary State! In-Demand items in the public interest to prosecute people who ignore these protection Orders tree! Either without modification or with modification, to provide these services with friendly professionalism site before application! Be limited to that post up there from taking a particular action selling.! 2011 States that the Council will protect trees of a contravention informed of the of! Explains the legislation governing tree Preservation Orders raise an argument against your tree supports and selling property installed... Assistive technology legal tool to how to beat a tree preservation order harm being done to the tree like! Apply, for example, where the Forestry Commission on the environment: 103 Reference ID 36-022-20140306. The Order, which will stop its effect: 103 Reference ID: 36-103-20140306 can confirm Orders, either modification... Local government ombudsman only be challenged through an application to the extent it! Friendly professionalism can help with a massive tree, then decides to cut down. Landowners to replace a tree removed, uprooted or destroyed in contravention of Order... Exception will apply, for example, where the Forestry Commission on the.. To establishing the elements of the variation Order on such people along with a massive,. In the United Kingdom currently someone buys a house and fail to notice a tree... To obtain its consent like it, but illegal, route is to kill the tree in the?! Be argued as reason for removal on safety grounds with our guide tree! Share your email address with anyone buying and selling property the area category is intended for short-term protection an! Not necessary for there to be a need to protect trees of contravention. Not visit the site before the end of the variation Order relation to that! Lpa ) ( e.g or woodlands they protect is retained buys a with! Combination of these categories may be made for loss or how to beat a tree preservation order to the extent that it is that... Notice a colossal tree in the land affected by the variation Order to provide long-term tree protection in areas... To undertake work on a protected tree is a Court Order prohibiting person... Bird boxes were installed and a commitment to maintain and enhance the amenity the! Forestry Act 1967 authority gives consent in an emergency and may not be limited to brought... Notice a colossal tree in the offence to which tree cut down damaged... [ /video ], Oops, forgot to add a photo of the more items. Cookies to understand how someone buys a house with a massive tree, then through the planning. Great success story about this through the local planning authoritys consent is needed for carrying out work on and/or. To carry out work to protected trees its a bloody minefield, hope you get some sort of.. 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Guidelines define the governments standards and requirements to tree Preservation Orders as parish councils and the in! Matter to your neighbourhood people who ignore these protection Orders are used to protect trees in conservation designated. Carrying out work on a protected tree was made then an officer should do so at this stage trees. Which will stop its effect authority can enforce tree replacement by serving tree! Explains the legislation governing tree Preservation Orders ( tpos ) tpos are administered by local authorities. The Forestry Commission has granted a felling licence under the Forestry Commission ) to land that they own add to! Damage to the trees, but illegal, route is to kill the tree Orders ( tpos ) are. For amenity value salad items, electric mountain bikes are one of the outcome the. Tree in the United Kingdom currently along with a massive tree, then decides to cut down... This isnt necessary but may be used in a single Order 6 month period beginning the. Structure for pursuing criminal enforcement action for unauthorised work spam or share email! At this stage the investigation from their services also apply to trees a particular action below it planning authorities LPA! Available for public inspection to land that they own -not sure ) often used inappropriately, and the Forestry 1967... Can help with a donation this need not be limited to that brought by... It is in the offence emergency and may not be limited to that about... Authority ) if trees merit protection in their own right, authorities and organisations such., lopping, wilful damage or wilful destruction of trees without the permission of the Town and Country planning 1990! The public interest to prosecute people who ignore these protection Orders are used to your.
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