Planning 3 - Trees

Question 1

How are trees protected?

Answer 1

Statutory - legislation
Planning (Trees) Regs (NI) 2015
Planning (Conservations area) Regs (NI) 2015

Material consideration in planning

Question 2

What’s a TPO and why do we have them?

Answer 2

removal of the tree = signif neg impact

- environ + public enjoyment

Question 3

Who can place the order ?

Answer 3

NIEA / LPA

public can request

Question 4

Process of placing TPO?

Answer 4

immediate risk = provisional (6 months)

Full TPO

• arbo report (justification)
• 28 days notice to land owners (+ on tree + locality) - - -
• letter to neighbours

Question 5

How to carry out works to / near TPO’s

Answer 5

Ask LPA for info on trees - TPO exists?

For permission

• contact tree officer
• specify trees + locations, works + reason
• LPA have 6 weeks
• approval / conditions (mitigation planting) / refusal
• appeal

consent not required for dead or dangerous trees

Question 6

Enforcement?

Answer 6

criminal offence - damage/cut / remove

- fine up to 100,000 / formally charged = unlimited

Question 7

Conservation area - affect?

Answer 7

preserve / enhance character or appearance

character / appearance as a whole considered in applications

redevelopment must be equal / better

no stat consultation required but good practice

permitted development rights can be taken away

Question 8

Role of a planning officer

Answer 8

prepare development plans

assess applications

• 3 pillars of sustainability (S,E,E)
• PAD
• site visit
• prepare report

Question 9

Decision times?

Answer 9

If simple local project – case officers determines application – recommendation to committee. (15 weeks BCC)

If a major project – Planning committee determine (meet once a month) (30weeks BCC)

If regional significance - DFI

Question 10

What is an ancient woodland ?

Who manages it?

Answer 10

• shown on the 1st Edition Ordnance Survey maps (produced in 1830)
• have been semi-natural at that time.
• tree cover will have been maintained from 1830

Semi natural = locally native trees and shrubs from natural regeneration/ coppicing. not planted.

Managed by the forest service
- Ancient woodland inventory

Question 11

British Standard ?

Answer 11

Trees in relation to demolition, design and development BS 5837