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TREE PRESERVATION ORDERS: CONSULTATION PAPER

ANNEX B: LIST OF QUESTIONS

Question 1: We propose that all TPOs should take effect immediately, and remain in force provisionally for a period of six months or until they are confirmed. Do you agree with this proposal?

Question 2: We propose to introduce provisions that would give Planning Authorities an emergency power to prohibit tree operations. The notice would be publicised by a site notice identifying the trees in question and their location. The notice would stay in force for a maximum of 28 days. Do you agree with this proposal?

Question 3: In the forthcoming planning bill, we propose to introduce a general duty on planning authorities to monitor and review TPOs. Do you agree with this proposal? What do you think would be the implications of such a duty?

Question 4: We propose to introduce much simpler procedures which will not require Planning Authorities to invite objections and representations or confirm any decision to revoke a TPO. Nor will they have to confirm any decision to vary a TPO in cases where no new trees or woodlands are being added to the order. Instead, the decision to revoke or vary the TPO in these circumstances will take immediate effect. The Planning Authority will still be required to inform the owners affected by the revocation or variation of their decision. Any decision to vary or revoke a TPO will also have to be recorded formally on the TPO document and be made available for public inspection. These procedures would be set out in secondary legislation. Do you agree with these proposals?

Question 5: We propose that statutory undertakers should be required to notify planning authorities when undertaking operations on a tree, group of trees or woodland covered by a TPO. Do you agree with this proposal? What do you think would be the implications of this requirement?

Question 6: We propose that TPOs should remain in force for all replacement trees, including those required as a condition of consent. Do you agree with this proposal?

Question 7: Do you consider the existing provisions to be adequate for the protection of trees of cultural or historical significance?

Question 8: We propose that before carrying out work on protected trees, Planning Authorities will have to publicise their proposals by displaying a site notice on or near the site on which the trees are situated. The site notice will have to give details of the proposal, the Planning Authority’s reasons for it, and will have to specify a date (at least 21 days from the date of the site notice) by which any comments on the proposal should be received. Any comments received will have to be considered before the Planning Authority can make a decision on the proposal, and this decision must not be made by a committee or officer of the Authority responsible for managing the land in question. Do you agree with this proposal? What do you think would be the implications of this procedure?

Question 9: We propose to extend notification to the owners and occupiers of any land adjoining the land on which a TPO is being served. This requirement would also apply to related appeals procedures. Do you agree with this proposal? What do you think would be the implications of this?

Question 10: We propose to remove the exemption from compensation established by Article 6 certificates, creating a general right to compensation for such loss or damage caused by a Planning Authority’s decision. Do you agree with this proposal? What do you think would be the implications for Planning Authorities? Is there a need to restrict minor compensation claims in Scotland?

Question 11: We want to make the content and language of TPOs clearer, easier to understand and easier to use. How do you think this can be achieved and what essential information do you think should be conveyed in the model order?

Question 12: We propose to make the Forestry Commission a statutory consultee for applications that involve more than 0.25ha of felling. Do you agree with this proposal? Would a requirement to notify Scottish Ministers also be necessary?

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