Minister unveils plans to tackle "labyrinth" of TPO regulation
The government is to consult on plans to simplify the “labyrinth” of regulation relating to tree preservation orders, a move which it says will save local authorities £500,000 a year if implemented.
The TPO system has been the principal regulatory means for protecting trees since 1947. But the consultation paper said: “Over time the TPO system has become cumbersome and fragmented as changes have been made that apply only to certain TPOs, depending on when they were made.
“Regulatory requirements are spread across primary and secondary legislation…and the various TPO documents used since 1947. This labyrinth of regulation is hard to use and inconsistent in the safeguards it provides for tree owners.”
The consultation paper insisted that there was no plan to change the level of protection provided, but it was simply a case of consolidating and simplifying existing provisions. The three sets of regulations covering TPOs will be streamlined into one document.
The main changes proposed are:
- Simplifying all existing TPOs by bringing them into line with a new model order
- A new, shorter and easy-to-understand model order for all future TPOs – comprising a list of trees and a map identifying the trees protected
- Scrapping the requirement for a separate direction to provide urgent protection for threatened trees – by giving all new TPOs immediate provisional effect
- Reduced requirements on authorities to publicise new TPOs – to be limited to owners and occupiers of the land where the trees are situated and anyone else known to have the right to cut or fell the trees
- Clarifying the exemptions for making an application for works to a protected tree – “to remove ambiguity and reduce disputes between owners and local planning authorities”
- Adopting one system for the duration of consents for works to protected trees and for the revocation of consents
- Increased local flexibility to provide consents for regular work to protected trees – to save the need for repeat applications from tree owners
- Using conditions, rather than directions, to secure any necessary replacement planting in woodlands, and
- Treating all owners of protected trees fairly by bringing all compensation provisions into line with the provisions in the Town and Country Planning (Trees) Regulations 1999 – “in particular closing the loophole which meant claims for compensation could be avoided by local planning authorities”.
Communities Minister Bob Neill said it was “ridiculous” that there were three sets of regulations in this area.
“These regulations are exactly the sort of unnecessary paperwork we can easily trim down to a much more manageable size. Laws are supposed to protect people and their surroundings, not bury them in red tape,” he argued.
The consultation paper can be downloaded here. Responses must be received by 20 December 2010.
