GUIDANCE NOTES ON TREE PRESERVATION ORDERS

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is an Order which provides protection for an individual tree or a group of trees. The Town & Country Planning (Tree Preservation) (England) Regulations 2012 govern all TPOs in England. The power to make such an Order lies with the Local Authority in whose area the tree(s) exist. The Local Authority’s purpose is to preserve amenity and retain trees which blend into the environment and would if removed be a Loss to the Amenity and Appearance of a locality.

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Summary on the Effect  of the National Planning Policy Framework Issued on the 27^th March 2012 for Sport Clubs

Recreational Sport can, on first impressions of the redrafted National Planning Policy Framework, breath a sigh of relief that the extensive lobbying of Government has produced a retrenchment, with Planning Policy broadly to follow the existing Planning Policy Guidance 19.

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The Localism Act 2011

The Act runs to nearly 500 pages with much of the provisions requiring Secondary Legislation to take affect.  The Key Provisions are

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REQUIREMENTS FOR PLANNING PERMISSION                               

Planning Law is a framework through which PLANNING CONTROL over land use can be exercised.

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GUIDANCE NOTES ON BUILDING REGULATIONS

Building Regulations are concerned with issues of safety and health of occupiers of buildings together with “green matters” which enhance the Environment. Their predecessor was the old Bye Laws. Governed by the Building Act 1984 (“the 1984 Act”) and the 2010 Building Regulations which consolidates Regulations of 2000. The Regulations cover the following spheres

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GUIDANCE NOTES ON TREE PRESERVATION ORDERS

What is a Tree Preservation Order?

A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. The power to make such an Order lies with the Local Authority in whose area the tree(s) exist. The Local Authority’s purpose is to preserve amenity and retain trees which blend into the environment and would if removed be a Loss to the Amenity and Appearance of a locality. The Local Authority must consider Representations made by the Locality before confirming a TPO, but ultimately the decision is the Local Authority. Applications to make a TPO can be made by individuals. Governed by Sections 198 and 202a of the Town & Country Planning Act 1990 (“the 1990” Act), Section 192 of the Planning Act 2008 (“the 2008 Act”) and The Town and Country Planning Tree Regulations 1999.

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What is a Conservation Area?

It is an area designated by a Local Authority to be of special architectural and or historic interest. Unlike Listed Buildings, which applies to an individual building, this designation covers a particular defined area. It is governed by Sections 69 to 74 of the Planning (Listed Building and Conservation Areas) Act 1990 (“the 1990 Act) but were first introduced in 1967.

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What is a Listed Building?

The Secretary of State for Culture, Media and Sport is responsible for preparing a List of Buildings which are regarded as having special architectural and or historic interest. The Listing covers three grades of building.

• Grade 1- Buildings of exceptional interest
• Grade II*- Buildings of particular interest and more than just special interest
• Grade II- Buildings of special interest

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With 5,200 Parishes in England and Wales having some land within its Parish the subject of Chancel Repair Liability, and the likelihood that the Liability is going to be more vigorously pursued by the Church of England in the period up to 13^th October 2013, we produce an Update on what this Liability is. It has been called by the highest Court in the Land “anachronistic,  even capricious”. Yet it is estimated that the best part of 30% of all churches are medieval and that therefore come within the ambit of their Parochial Church Council being able to demand a chancel repair liability from the modern day owners of land which were formerly rectorial.

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On the 1^st October 2011, we will see one of the biggest changes in terms of who is responsible for the upkeep of foul sewers and surface water sewers. It will wholly change the relationship between Property Owner and the Sewage Undertaker. These changes have been brought about by Section 105 Water Industry Act 1991 and a Statutory Instrument entitled “ Water Industry (Schemes for the Adoption of Private Sewers) Regulations 2011.  In order that one can properly understand the magnitude of the changes, we have set out some definitions as to what key words mean

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