1 SUMMARY/PURPOSE

1.1 The purpose of this report is to advise Members of the intention to adopt new procedures in respect of the Enforcement of conditions of planning permission which seek to protect trees on sites where planning permission is granted for development and prevent work being carried out to them without the prior written consent of the Local Planning Authority.

2 BACKGROUND

2.1 Section 197 of the Town & Country Planning Act 1990 places an express duty on the Local Planning Authority when granting planning permission, to ensure whenever appropriate that adequate conditions are imposed to secure the preservation or planting of trees and that any necessary Tree Preservation Orders are made under Section 198 of the Act.

2.2 In accordance with the requirements of the Act, where trees are present on a site, which is the subject of a planning application, careful consideration must be given to the health and stability of the trees and the contribution they make to the surrounding area and whether they should be retained as part of the development. In addition consideration must also be given to the impact of the development on the trees and the need for any measures to protect them during the course of development.

2.3 Where trees are considered to be an important feature of the landscape and worthy of retention, consideration should be given to the making of a Tree Preservation Order. However, the retention and protection of trees can be achieved through conditions of a planning permission, although the guidance contained in Circular 11/95 –The Use of Conditions in Planning Permission, clearly indicates that the protection of trees by way of conditions should only be used as a temporary measure and, in the long-term, protection should be secured by Tree Preservation Orders. The guidance also indicates that such orders may also be expedient for temporary protection of existing trees until details of the development are submitted and it becomes clear whether there is a need to retain the trees.

2.4 Having regard to the advice contained in Circular 11/95, it is considered that conditions requiring the retention of trees will outlive their usefulness, either through passage of time or where a Tree Preservation order is subsequently placed on the trees, the subject of the condition. Clearly, in such circumstances, it would not be expedient to enforce the requirements of the condition. Nevertheless, when receiving requests for permission to carry out work to trees, Officers within the team responsible for administering the protection of trees currently carry out extensive and time consuming work to determine whether a site is the subject of planning permission to which conditions were attached in respect of the protection/retention of trees. Ultimately, such conditions may not be enforceable due to the age of the planning permissions or where the consent was not implemented.

2.5 The Team responsible for administering the protection of trees also carries out duties in connection with the administration of the High Hedgerow Regulations and the procedures for considering applications for village green status. These duties are currently carried out by a team of four officers which, include a qualified Arboriculturist, a Tree Administration Assistant and an Applications Officer, all of who are on permanent contracts. The fourth post, although permanent, is funded by Planning Delivery Grant (PDG) and is currently occupied by a member of staff seconded from elsewhere within the Service to carry out a specific project reviewing the TPO records. This project is now largely completed, although some of the work arising from this exercise is ongoing and includes making, serving and confirming Tree Preservation Orders and updating the Council’s website. The Officer currently in this post has now secured alternative employment elsewhere within the authority.

2.6 In view of the fact that this post is funded from PDG, the current situation provides the opportunity to review staffing levels and working practices within the team and to make a potential efficiency saving. In this respect it is considered that the current practice of checking and enforcing all planning conditions which prevent work to trees without the consent of the Authority, is extremely time consuming and unnecessary.

2.7 Members will be aware that detailed planning permission will normally be granted with a condition that the development must be begun within a specified time. Since 24 August 2005, the standard time limit applied to applications would be three years, prior to which the standard time limit was five years. Therefore, it is intended that conditions requiring the consent of the Local Planning Authority to carry out work to trees will only be enforced if they were imposed up to six years prior to the date on which any application for consent to carry out work to trees is received. This will effectively provide protection to the trees over the period of the extant consent, and also allow for a period of time during which construction works are carried out. During this period, consideration may also be given to providing longer term protection to the tree(s) in the form of a Tree Preservation Order.

3 FINANCIAL IMPLICATIONS

3.1 The TPO Review Offer post is currently graded at Scale 3 (£14,787 - £15,825) and the adoption of this new procedure presents an opportunity to review working practices, responsibilities and staffing levels within the Tree Team and make a potential efficiency saving.

4 LEGAL IMPLICATIONS

4.1 Having regard to the advice contained in Circular 11/95, which clearly indicates that conditions should not be used to secure long-term protection of trees, It is considered that it would be inappropriate to continue to enforce conditions which have effectively outlived their usefulness. It is highly likely that any challenge against such action, either through an application and subsequent appeal process, or through the courts, would succeed. Consequently, there is not considered to be any adverse legal implications associated with the adoption of the new procedure.

5 OPTIONS

1. To note the advice contained in this report and adopt the new practice.

2. To continue with the current practice of enforcing all conditions, requiring the Authority’s consent to carry out work to trees.

6 CONCLUSION

6.1 Having regard to the advice contained in Circular 11/95, it is considered that conditions of this nature which have outlived their usefulness, by virtue of the age of the consent to which they are attached, would be unenforceable. Consequently, your Officers are firmly of the opinion that the practice of enforcing only three conditions which were imposed on consents granted within a period of six years prior to the date on which any application to carry out work to trees is received should be adopted.

RECOMMENDATION

To note the advice contained in this report and adopt the new practice.

Contact Details : Andrew Pegram, Development Control Manager

( 01983 825531 E-mail: [email protected]

ANDREW PEGRAM

Development Control Manager