Presentation is loading. Please wait.

Presentation is loading. Please wait.

Peter Annett AA Conference 20/9/11 TPOs – Where are we? Peter Annett AA Conference 20/9/11.

Similar presentations


Presentation on theme: "Peter Annett AA Conference 20/9/11 TPOs – Where are we? Peter Annett AA Conference 20/9/11."— Presentation transcript:

1 Peter Annett AA Conference 20/9/11 TPOs – Where are we? Peter Annett AA Conference 20/9/11

2 Peter Annett A new broom (or two) May 2010 – Coalition Government Coalition Agreement –Cut red tape –Big society –Localism

3 Peter Annett AA Conference 20/9/11 The ‘greenest government ever’ © Guardian© Liverpool Daily Post

4 AA Conference 20/9/11 Peter Annett 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 programme for government HM Government

5 AA Conference 20/9/11 Peter Annett Recent events May 2010 – Coalition Government Coalition Agreement –Cut red tape –Big society –Localism Financial constraints Reduce burden & costs

6 AA Conference 20/9/11 Peter Annett 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.ukwww.redtapechallenge.cabinetoffice.gov.uk Barrier Busting –Address real and perceived barriers at the local level

7 AA Conference 20/9/11 Peter Annett 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

8 AA Conference 20/9/11 Peter Annett Big Society 2010 – December - Big Tree Plant 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

9 AA Conference 20/9/11 Peter Annett 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

10 National Planning Policy Framework We need a simpler, swifter system that is easier to understand Greg Clark - July 2011 Consolidates 1,000 pages of policy to just 52 Consultation closes: 17 October Natural Environment White Paper Guidance

11 AA Conference 20/9/11 Peter Annett 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

12 AA Conference 20/9/11 Peter Annett 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

13 AA Conference 20/9/11 Peter Annett 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

14 AA Conference 20/9/11 Peter Annett TPO proposals Consolidate TPO provisions Streamline certain procedures Not a fundamental review of the tree protection regime No change to conservation areas

15 AA Conference 20/9/11 Peter Annett 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

16 AA Conference 20/9/11 Peter Annett Background –Model orders: 1949, 1953, 1966, 1969, 1999 –Different provisions apply to each model –Regime could be less cumbersome, more consistent and more fair

17 AA Conference 20/9/11 Peter Annett Legal framework TCPA 1990 Existing TPOs 1999 & 2008 Regulations Consolidate Transfer provisions New Regulations

18 AA Conference 20/9/11 Peter Annett 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

19 AA Conference 20/9/11 Peter Annett Immediate protection Current position s 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

20 AA Conference 20/9/11 Peter Annett 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

21 AA Conference 20/9/11 Peter Annett 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

22 AA Conference 20/9/11 Peter Annett 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

23 AA Conference 20/9/11 Peter Annett 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

24 AA Conference 20/9/11 Peter Annett 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

25 AA Conference 20/9/11 Peter Annett 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

26 AA Conference 20/9/11 Peter Annett Consultation - next steps Consultation Report and Government response Next steps Review draft regulations Committee clearance Lay before Parliament Regulations commence ©Sharenator

27 AA Conference 20/9/11 Peter Annett And yes - there are other things in life Thank you

28 What would the changes be? And, meanwhile, what else is going on in law? AA Conference 20/9/11 Charles Mynors ©ftb


Download ppt "Peter Annett AA Conference 20/9/11 TPOs – Where are we? Peter Annett AA Conference 20/9/11."

Similar presentations


Ads by Google