Design Guide Part 3 - North York Moors National Park

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