Design Guide Part 3 - North York Moors National Park

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SECTION 3TREES3.10Trees and the LawAlthough the Authority values trees generally throughout the National Park, it mayoccasionally use its powers to protect specific trees by serving a Tree PreservationOrder. It will do this where trees of amenity value are under threat. Tree work isthen subject to an application and consent procedure. Most trees in designatedConservation Areas have a similar level of protection and proposed tree work issubject to notice being provided to the Authority. A felling licence may also berequired in some circumstances where tree felling exceeds the limits set out in theForestry Acts. Felling licences are not dealt with in this document and further adviceshould be sought from the Forestry Commission. Tree Preservation Orders andtrees and Conservation Area notifications are administered by the National ParkAuthority and further information is provided below.3.10.1Tree Preservation OrdersA Tree Preservation Order (TPO) is made by a Local Planning Authority (in this casethe National Park Authority) in respect of trees or woodlands.The principal effect of a TPO is to prohibit certain activities without the Authority’sconsent. These include:Removal of treessubject to a TPOwould have asignificant visualimpact on the locality• cutting down• uprooting• topping• lopping• willful damage• willful destructionRoots are also protected by the TPO. Within the Root Protection Area of a tree,damage or destruction can occur as a result of:• excavation or changes to ground levels;• the installation of hard or impermeable surfaces;• soil compaction;• contamination or the dumping of toxic materials; or• fire.TPOs can be served to protect individual or groups of trees, woodlands or treeswithin a defined area – if their removal would have a significant impact on the localenvironment and its enjoyment by the public.The benefit provided by the tree(s) may be present or future; trees may be worthyof preservation for their intrinsic beauty or for their contribution to the landscapeor because they serve to screen an eyesore or future development. The value oftrees may be enhanced by their scarcity and the value of a group of trees orwoodland may be collective only. Other factors, such as importance as a wildlifehabitat, may be taken into account but which alone may not be sufficient to warranta TPO.63
SECTION 3TREESTree Preservation Orders can be served to protect trees where it is expedient to doso in the interest of amenity. It is therefore unlikely that the Authority will considerit expedient to make a TPO where trees are under good arboricultural orsilvicultural management and are not under any threat. Whilst not specificallydefined in the Town and Country Planning Act, amenity is generally considered torelate to the positive contribution that trees can make to the public’s enjoyment ofan area. Prior to serving an order, the Authority will consider the extent to which atree(s) contribute to the amenity of an area based on a range of factors includingvisual, cultural, biodiversity and social/economic impacts. After an order is servedthere is a 28 day period within which any objections or representations may bemade to the Authority. Objections or representations will be fully considered priorto deciding whether or not to confirm the order.Permission to undertake worksApplications to carry out work on protected trees should be made to the NationalPark Authority and must be on the form, ‘Application for tree works: works to treessubject to a preservation order (TPO) and/or notification of proposed works to treesin conservation areas (CA)’ 9 .It is advisable to seek the advice of an arboriculturalist and to discuss details of theproposals with the Authority prior to any formal application.Applications are normally decided within 8 weeks and during this time a NationalPark Authority officer will usually visit the site. This will help ascertain whether ornot the work is exempt, whether work proposed is likely to be acceptable and toclarify the application procedures.If the application is approved, permission may be subject to conditions. These can:specify the standard to which pruning must be carried out, specify a time by whichwork must be completed or detail replanting conditions for when trees are felled.In the event that an application is refused, the reasons for doing so will beexplained to the applicant. The applicant’s right of appeal to the Secretary of Stateand any right to compensation suffered as a result of any loss or damage sufferedas a result of the decision will also be explained.Whilst each case is decided on its own particular merits, there is a presumptionthat all trees with TPO’s will be retained and that proposals which would result inthe loss or damage to a protected tree(s) will be refused unless exceptionalcircumstances apply. Such circumstances might include:• the trees are found to be in a poor or dangerous condition; or• the trees are shown to have very limited amenity value.In some cases a new planting scheme may be of such merit to outweigh the lossof protected trees, in terms of their contribution to the landscape, or to thecharacter and amenity of the site and its surrounding area. In these exceptionalcircumstances such landscape schemes will need to be planned in sufficient detailto give confidence that, at a minimum, there will be no net loss of landscape orenvironmental value.Footnote:9 Available to download fromthe National Park Authoritywebsite: www.moors.uk.net64
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PARTTHREENorth York MoorsNational P
Page 3 and 4:
CONTENTSContentsPageSection 1: Intr
Page 5 and 6:
SECTION 1INTRODUCTION11.1Introducti
Page 7 and 8:
SECTION 1INTRODUCTIONCORE POLICY CN
Page 9 and 10:
SECTION 1INTRODUCTIONDevelopment of
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SECTION 2LANDSCAPE22.1LandscapeIntr
Page 13 and 14: SECTION 2LANDSCAPEThe Assessment id
Page 15 and 16: SECTION 2LANDSCAPE(Photo courtesy o
Page 17 and 18: SECTION 2LANDSCAPEA successful land
Page 19 and 20: SECTION 2LANDSCAPEApplicants should
Page 21 and 22: SECTION 2LANDSCAPE2.5Landscape Prop
Page 23 and 24: SECTION 2LANDSCAPEPlanting PlansA p
Page 25 and 26: SECTION 2LANDSCAPEMajor Development
Page 27 and 28: SECTION 2LANDSCAPEMany species of t
Page 29 and 30: SECTION 2LANDSCAPERivers, Streams a
Page 31 and 32: SECTION 2LANDSCAPETree and Shrub Sp
Page 33 and 34: SECTION 2LANDSCAPEWoodland Planting
Page 35 and 36: SECTION 2LANDSCAPEHedgerow Planting
Page 37 and 38: SECTION 2LANDSCAPE2.6.2Hard Landsca
Page 39 and 40: SECTION 2LANDSCAPE‘RUBBLE FINISH
Page 41 and 42: SECTION 2LANDSCAPEWooden post, wire
Page 43 and 44: SECTION 2LANDSCAPETraditional field
Page 45 and 46: SECTION 2LANDSCAPEHard surface mate
Page 47 and 48: SECTION 3TREES33.1TreesIntroduction
Page 49 and 50: SECTION 3TREES3.2Forward Planning -
Page 51 and 52: SECTION 3TREESBS 5837 tree categori
Page 53 and 54: SECTION 3TREESThe RPA should remain
Page 55 and 56: SECTION 3TREES3.6.1Pre-development
Page 57 and 58: SECTION 3TREES3.7.1Pedestrian Acces
Page 59 and 60: SECTION 3TREES3.7.4Demolition in Cl
Page 61 and 62: SECTION 3TREES3.8The Impact of Exis
Page 63: SECTION 3TREES3.9Wildlife and Habit
Page 67 and 68: SECTION 3TREESIf a Tree Preservatio
Page 69 and 70: SECTION 3TREESThe Authority must de
Page 71 and 72: SECTION 4PLANNING APPLICATIONSAll p
Page 73 and 74: APPENDIX BMAP OF LANDSCAPE CHARACTE
Page 75 and 76: APPENDIX CLANDSCAPE CHARACTER TYPE
Page 81 and 82: APPENDIX DMETHOD FOR CALCULATING MI
Page 83 and 84: APPENDIX DMETHOD FOR CALCULATING MI
Page 85 and 86: APPENDIX EGLOSSARYConiferous Woodla
Page 87 and 88: APPENDIX EGLOSSARYLocal Development
Page 89 and 90: SustainableA widely used definition
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Design Guide Part 3 - North York Moors National Park

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