peter annett aa conference 20/9/11 tpos – where are we? peter annett aa conference 20/9/11

Peter Annett AA Conference 20/9/11

TPOs –

Where are we?


AA Conference 20/9/11Peter Annett

A new broom (or two)

May 2010 – Coalition Government

• Coalition Agreement

– Cut red tape

– Big society

– Localism


The ‘greenest government ever’

G r e e n

© Guardian © Liverpool Daily Post


Coalition Agreement

We will … • promote the green industries that

are so essential for our future

• maintain the Green Belt, (SSSIs) and other environmental protections …

• protect wildlife and promote green spaces and wildlife corridors …

• launch a national tree planting campaign.

The Coalition:our programmefor government

HM Government


Recent events

May 2010 – Coalition Government

• Coalition Agreement

– Cut red tape

– Big society

– Localism

• Financial constraints

• Reduce burden & costs


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

http://www.redtapechallenge.cabinetoffice.gov.uk/


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


Big Society

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

It is about helping people to come together to improve their own lives. Cabinet Office


Localism Bill

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.

The time has come to disperse power more widely in Britain today. Coalition Agreement

National Planning Policy Framework

We need a simpler, swifter system that is easier to understandGreg 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


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


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

Eric Pickles – 7 July 2010© nalgao


TPO proposals

• Consolidate TPO provisions

• Streamline certain procedures

• Not a fundamental review of the tree protection regime

• No change to conservation areas


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


Background

– Model orders: 1949, 1953, 1966, 1969, 1999

– Different provisions apply to each model

– Regime could be less cumbersome, more consistent and more fair


Legal framework

TCPA 1990

Existing TPOs

1999 & 2008 Regulations

Consolidate

Transfer provisions

Transfer provisions

NewRegulations


Model order

Current position

• Long and complex order

• Not user friendly

Proposal

• Follow concept arising from the cancellation of provisions in existing orders

• Model order to have covering page, list of trees and map


Immediate protection

Current position

• s.198 - TPO takes effect when LPA confirm

• s.201 direction – TPO comes into

immediate effect for 6 months

– Confirmation required

• Most TPOs made under s.201

Proposal

• All new TPOs to have immediate effect

• Without confirmation TPO would lapse after 6 months


Informing interested parties

Current position

• Pre 1999 – notify owners & occupiers of land where trees situated

• 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

Proposal

• Focus on those who have an interest – owner/occupier and those who have a right to prune or fell the trees

• 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


Exceptions

Current position

• s198(6) – consent for tree work not required where tree is dead, dying or has become dangerous

• Uncertainty for all as to where the boundaries are

• Unnecessary applications, enforcement unclear

Proposal

• Omit “dying” from exceptions

• Limit excepted work to dangerous trees to what is urgently necessary in the interests of safety


Consents

Current position

• Power to impose time limiting conditions

• Applications for regular work not always entertained

• Power to modify/revoke consents under pre 1999 TPOs

Proposal

• Set default time limit – 1yr

• LPA can vary duration

• Applications/consents may include repeated work or programmes of work

• Delete power to modify or revoke consents


Replacement planting

Current position

• Condition may be attached for replacement planting

• For woodlands a direction is issued with prescribed content

Proposal

• Use conditions for replacement planting for any TPO tree felled with consent

• Remove power to issue a direction for woodlands


Compensation

Current position

• Two systems in place

– Pre 1999 orders• Article 5 certificates

– Post 1999 orders• More clearly defined

framework• No article 5 certificates

Proposal

• Adopt one system as contained in the current 1999 Regs

• No power to issue “article 5” style certificates


Transitional arrangements

• TPOs made but not confirmed

• Applications being determined

• Currency of article 5 certificates

• Compensation rights

• Appeals to be made or in progress

• Enforcing conditions and directions

©Sharenator


Consultation - next steps

Consultation• Report and Government

response

Next steps

• Review draft regulations

• Committee clearance

• Lay before Parliament

• Regulations commence

©Sharenator


And yes - there are other things in life

Thank you

peter annett aa conference 20/9/11 tpos – where are we? peter annett aa conference 20/9/11

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