peter annett aa conference 20/9/11 tpos – where are we? peter annett aa conference 20/9/11
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Peter Annett AA Conference 20/9/11
TPOs –
Where are we?
Peter Annett AA Conference 20/9/11
AA Conference 20/9/11Peter Annett
A new broom (or two)
May 2010 – Coalition Government
• Coalition Agreement
– Cut red tape
– Big society
– Localism
Peter Annett AA Conference 20/9/11
The ‘greenest government ever’
G r e e n
© Guardian © Liverpool Daily Post
AA Conference 20/9/11Peter 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 programmefor government
HM Government
AA Conference 20/9/11Peter Annett
Recent events
May 2010 – Coalition Government
• Coalition Agreement
– Cut red tape
– Big society
– Localism
• Financial constraints
• Reduce burden & costs
AA Conference 20/9/11Peter 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.uk
• Barrier Busting– Address real and perceived barriers at the local level
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter Annett
Big Society
2010 – December - Big Tree Plant
2011 - 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
AA Conference 20/9/11Peter 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
National Planning Policy Framework
We need a simpler, swifter system that is easier to understandGreg Clark - July 2011
• Consolidates 1,000 pages of policy to just 52
• Consultation closes:17 October
• Natural Environment White Paper
• Guidance
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter Annett
TPO proposals
• Consolidate TPO provisions
• Streamline certain procedures
• Not a fundamental review of the tree protection regime
• No change to conservation areas
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter Annett
Legal framework
TCPA 1990
Existing TPOs
1999 & 2008 Regulations
Consolidate
Transfer provisions
Transfer provisions
NewRegulations
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter Annett
Immediate protection
Current position
• s.198 - 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
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter 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
AA Conference 20/9/11Peter Annett
Consultation - next steps
Consultation• Report and Government
response
Next steps
• Review draft regulations
• Committee clearance
• Lay before Parliament
• Regulations commence
©Sharenator
AA Conference 20/9/11Peter Annett
And yes - there are other things in life
Thank you
What would the changes be? And, meanwhile, what else is going on in law?
AA Conference 20/9/11Charles Mynors
©ftb