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Under the Town and Country Planning Act 1990 (as amended) with reference to the Town and Country Planning (Tree Preservation)(England) Regulations 2012, The City of Doncaster Council, as local planning authority, has specific powers to protect trees and woodlands in the interest of amenity. It may be served electronically if the landowner has provided their electronic address to the authority (see section 329(1)(cc) of the Act). Protected trees and woodlands - City of Doncaster Council You must get permission before working on any tree which is within a Conservation Area. Flowchart 3 shows the process for applications to carry out work to protected trees. Tree Preservation Orders | Dudley Council In addition, authorities are encouraged to resurvey existing Orders which include the area category. Paragraph: 157 Reference ID: 36-157-20140306. However, the authority may decide to set a different time limit with a condition in the consent. The same duty applies if a tree in a conservation area is removed because it is dead or presents an immediate risk of serious harm. We use this information to make the website work as well as possible. This may include: Paragraph: 022 Reference ID: 36-022-20140306. We don't get involved in problems with trees on private land as they're a civil matter. Paragraph: 135 Reference ID: 36-135-20140306. Paragraph: 038 Reference ID: 36-038-20140306. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. The validity of an Order cannot be challenged in any legal proceedings except by way of application to the High Court on a point of law. The standard application form requires evidence that demonstrates that the tree is a material cause of the problem and that other factors have been eliminated as potential influences so far as possible. The authority may ask the applicant about their legal interest in the tree and consult the trees owner. Paragraph: 021 Reference ID: 36-021-20140306. Protected trees. The authority may also serve a tree replacement notice to enforce any unfulfilled condition of consent granted under a Tree Preservation Order, or imposed by the Secretary of State on appeal, that requires tree replacement. But the authority and landowner may agree on planting, for example, one tree of a different species or two trees of a smaller species to replace one of a large species. Where the Order includes the area classification, although the position of every tree will not be shown, the authority is advised to specify replanting as near as is reasonably practical to the original trees position.