New Tree Regs 2008 Documents

[Amelanchier]

Alrighty then. New 2008 Tree Regs come into force tomorrow (01.10.08).

 

Basic implications of which are:-

• TPO applications must be made on the lovely 1APP form or via the planning portal website. All other methods of application are invalid. (S211 notifications for cons area trees remain unaffected).
  
• If you are undertaking work for the reasons of Health and Safety (i.e., fears that part of the tree might fall or break) or Subsidence you must provide evidence to support your claims from a relevant professional.
  
• Appeals will be conducted using only the infromation supplied at the time of application.
  

 

I have attached the addendum to the Blue Book (The TPO Guide to Good Practice) that reflects these changes. Those of you being told that you must use the 1APP form for everything take note!! Its there in black and white (in Blue!)

 

I have also attached the new 1APP tree work form Get used to it. It ain't that bad once you do. Notice that its changed from the last incarnation. The last incarnation will not be the correct form and will be invalid.

 

I have also attached the guidance notes to help you fill out the form.

 

Its going to take most LPAs a few weeks to work out how to implement these changes so expect some differences in how you are dealt with. The key is for you to get up to speed as well. It may be that if you are the only contractor in the area that can actually get his applications accepted you might be on a winner!!

 

There are mentions in there about the LPA's right to waive the supporting evidence requirement. We'll see how they pan out.

 

Enjoy:scared1:

080930-Guidance for standard application form-protected.pdf

080930-Standard application form protected.pdf

080930-BB addendum.pdf

[Big 'Ammer]

Very useful, thanks Tony.

[Arborlord]

Cheers Tony.

 

I think the new form is much better no mistakes so home owners have to stick to it.

 

The only thing i aint sure on is im not a consultant as yet but im knowledgable in identifying dying or damaged trees does this mean i cant apply to remove a tree which has clear damage or danger of failing because im not a consultant.

[ScottF]

cheers for the update, Tony

[Frimsley]

Basic implications of which are:-

• TPO applications must be made on the lovely 1APP form or via the planning portal website. All other methods of application are invalid.
  

 

Not true. All applications must be submitted on the standard application form. However, they do not have to be submitted using the Planning Portal. They can be submitted on paper, by email or by fax as well. You can download application forms for your local LPAs from this Planning Portal page from tomorrow.

 

• If you are undertaking work for the reasons of Health and Safety (i.e., fears that part of the tree might fall or break) or Subsidence you must provide evidence to support your claims from a relevant professional.
  

 

To clear up what appears to be some slight confusion here, this does not mean that there are changes to the dead, dying or dangerous exemptions. The requirement to submit supporting evidence if the reason for an application is related to tree condition is concerned with applications that are not covered by the exemptions.

 

Another point I've seen mentioned elsewhere here is the suggestion that some LPAs may 'exercise discretion'. There is limited scope for LPAs to exercise discretion. In particular, the Department of Communities and Local Government has made it clear that there is no transition period. From tomorrow, applications not conforming to the new regs will be invalid.

 

PITA as this may seem, there is a reason, and it relates to Tony's third point:

 

• Appeals will be conducted using only the infromation supplied at the time of application.
  

 

If you submit a half baked application and it is refused and you appeal, you will not have an opportunity to submit more evidence during the appeal. It is in everyone's interest to ensure that you get all the information in at the start.

 

The one area where there is discretion is that of supporting evidence. Guidance suggests that where the amenity value of a tree is so low that consent will be given anyway, there is no point in insisting on evidence. The problem is, of course, that the LPA won't know that the amenity is low until they go to see the tree, which they often won't do until after the application has been validated.

 

Another important point to remember is that you must give reasons for the work. This isn't actually a change, not for more recent TPOs anyway, but is likely to be enforced more rigorously.

[Amelanchier]

Not true. All applications must be submitted on the standard application form. However, they do not have to be submitted using the Planning Portal. They can be submitted on paper, by email or by fax as well. You can download application forms for your local LPAs from this Planning Portal page from tomorrow.

 

There is limited scope for LPAs to exercise discretion. In particular, the Department of Communities and Local Government has made it clear that there is no transition period. From tomorrow, applications not conforming to the new regs will be invalid.

 

The one area where there is discretion is that of supporting evidence. Guidance suggests that where the amenity value of a tree is so low that consent will be given anyway, there is no point in insisting on evidence. The problem is, of course, that the LPA won't know that the amenity is low until they go to see the tree, which they often won't do until after the application has been validated.

 

Thanks for the addition clarification Chris and the links. Though I would defend my use of the word 'or' in the first instance as many would not technically consider the online application process a 'form' per se.

 

The issue of discretion mentioned previously by myself relates to the insistance of evidence in the second instance and not in reference to 1APP itself.

[Frimsley]

Thanks for the addition clarification Chris and the links. Though I would defend my use of the word 'or' in the first instance as many would not technically consider the online application process a 'form' per se.

 

Whoops, I completely missed the word 'or' in that sentence. Apologies for slandering your accuracy:blushing:

 

The issue of discretion mentioned previously by myself relates to the insistance of evidence in the second instance and not in reference to 1APP itself.

 

I think the point I'm making is that level of evidence is about the only area where there is scope for discretion. Everything else, not just the use of 1APP, but the inclusion of requested information, plans, reasons etc is absolutely required. See for example para 6.38A of the Blue Book addendum:

 

The LPA cannot validate or consider an application until all mandatory information is received by them

 

It's worth mentioning that if an LPA refuse to validate something you think is valid, there is the option of waiting 8 weeks and then appealing against the non-determination. Although I suspect most of the time it would be less hassle just to send in what they're asking for.

[Blakes 7]

Does anyone know if this applies to Wales as the Amendment states that it is "England Regs"

Our local council is listed in the planning portal, but does it all apply and if it does where does it say this.

(I knew a Welsh Assembly was a bad idea)

[Frimsley]

Does anyone know if this applies to Wales as the Amendment states that it is "England Regs"

 

The new regulations apply to England only. In Wales you can use the 1App form, or the Planning Portal, if you wish, but it is not mandatory.

[David Riding]

How come my local council has been using this form for months,