Tree preservation order-TPO003

County Borough of Blackpool

Town and Country Planning Acts 1962 and 1968

Civic Amenities Act 1967

County Borough of Blackpool (Cherry Tree Road Tree Preservation Order 1972 

THE COUNCIL OF THE COUNTY BOROUGH OF BLACKPOOL, in this Order called "the Authority", in pursuance of the powers conferred in that behalf by Section 29 of the Town and Country Planning Act 1962, and section 16 of the Civic Amenities Act 1967 and subject to the provisions of the Forestry Act, 1967, hereby makes the following Order,-

1. In this Order -
   "the Act" means the Town and Country Planning Act 1962; "owner" means the owner in fee simple, either in possession or who has granted a lease or tenancy of which the unexpired portion is less than three years; lessee (including a sub­lessee) or tenant in possession, the unexpired portion of whose lease or tenancy is three years or more; and a mortgagee in possession; and "the Secretary of State" means the Secretary of State for the Environment. 
2. Subject to the provisions of this Order and to the exemptions specified in the Second Schedule hereto, no person shall, except with the consent of the authority and in accordance with the conditions, if any, imposed on such consent, cut down, top, lop, or wilfully destroy or cause or permit the cutting down, topping, lopping or wilful destruction of any tree specified in the First Schedule hereto the position of which trees, are defined in the manner indicated in the said First Schedule on the map annexed hereto, which map shall, for the purpose of such definition as aforesaid, prevail where any ambiguity arises between it and the specification in the said First Schedule. 
3. An application for consent made to the authority under Article 2 of this Order shall be in writing stating the reasons for making the application, and shall by reference if necessary to a plan specify the trees to which the application relates, and the operations for the carrying out of which consent is required. 
4. (1) Where an application for consent is made to the authority under this Order, the authority may grant such consent either unconditionally, or subject to such conditions (including conditions requiring the replacement of any tree by one or more trees on the site or in the immediate vicinity thereof), as the authority may think fit, or may refuse consent.
   
   NOTE
   If it is desired to fell any of the trees included in this Order, and the trees are trees for the felling of which a licence is required under the Forestry Act 1967, application should be made not to the authority for consent under this Order but to the Conservator of Forests for a licence under that Act (Section 15 (5)) (2) The Authority shall keep a register of all applications for consent under this Order containing information as to the nature of the application, the decision of the authority thereon, any compensation awarded in consequence of such decision and any directions as to replanting of woodlands; ,and every such register shall be available for inspection by the public at all reasonable hours. 
   
   
5. Where the authority refuse consent under this Order or grant such consent subject to conditions that may when refusing or granting consent certify in respect of any tress for which they are so refusing or granting consent that they are satisfied - 
   (a) that the refusal or condition is in the interests of good forestry; or
   (b) that the trees have an outstanding or special amenity value.
6. On imposing any condition requiring  the replacement of any tree under Article 4 of the Order, the authority shall if such condition or direction relates to land in respect of which byelaws made by a river authority, a drainage board, the Conservator of the River Thames or the Lee Conservancy Catchment Board restrict or regulate the planting of trees, notify the applicant or the owner of the land, as the case may be, of the existence of such byelaws and that any such condition or direction has effect subject to the requirements of the river authority or drainage board or the Conservators of the River Thames or the Lee Conservancy Catchment Board under those byelaws and the condition or direction shall have effect accordingly. 
7. The provisions set out in the Third Schedule to this Order, being provisions of Part III of the Act and of Section 80 of the Town and Country Planning Act 1968 adapted and modified for the purposes of this Order, shall apply in relation thereto. 
8. Subject to the provisions of this Order, any person who has suffered loss or damage in consequence of any refusal (including revocation or modification) of consent under this Order or of any grant of any such consent subject to conditions, shall, if he makes a claim on the authority within the time and in the manner prescribed by this Order, be entitled to recover from the authority compensation in respect of such loss or damage. Provided that no compensation shall be payable in respect of loss or damage suffered by reason of such refusal or grant of consent in the case of any trees the subject of a certificate in accordance with Article 5 of this Order. 
9. In assessing compensation payable under the last preceding Article account shall be taken of
   (a) any compensation or contribution which has been paid whether to the claimant or any other person, in respect of the same trees under the terms of this or any other Tree Preservation Order under section 29 of the Act or under the terms of any Interim Preservation Order made under section 8 of the Town and Country Planning (Interim Development) Act 1943, or any compensation which has been paid or which could have been claimed under any provision relating to the preservation of trees or protection of woodlands contained in an operative scheme under the Town and Country Planning Act 1932, and
   (b) any injurious affection to any land of the owner which would result from felling of the trees the subject of the claim.
10. (1) A claim for compensation under this Order shall be in writing and shall be made by serving it on the authority such service to be effected by delivering the claim at the offices of the authority addressed to the Clerk thereof or by sending it by prepaid post so addressed.
    (2) The time within which any such claim shall be made as aforesaid shall be, a period of twelve months from the date of the decision of the authority, or of the Minister, as the case may be, or where an appeal has been made to the Minister against decision of the authority, from the date of the decision of the Minister on the appeal.
11. Any question of disputed compensation shall be determined in accordance with the provisions of Section 128 of the Act
12. The provisions of Section 16 of the Civic Amenities Act 1967 shall apply to this Order and the Order shall take effect on 10th March 1972.
    
    NOTE
    Any person contravening the provisions of this Order is guilty of an offence under subsection (1) of Section 62 of the Act and liable on summary conviction to a fine not exceeding fifty pounds; and if in the case of a continuing offence the contravention is continued after conviction he is guilty of a further offence thereunder and liable on summary conviction to an additional fine not exceeding £2 for every day on which the contravention is so continued. Under Sections 13, 14 and 15 of the Civic Amenities Act 1967 if a tree is wilfully cut down or destroyed, or if topping or lopping is carried out in such a way as to be likely to destroy the tree the fine is £250 or twice the value of the tree whichever is the greater. If a tree other than one which is part of woodland is removed or destroyed in contravention of the Order it is the duty of the owner of the land, unless on his application the local authority dispense with the requirement, to plant another tree of appropriate size and species, at the same place as soon as he reasonably can. 
    
    

First schedule

Trees specified individually (encircled in black on the map)

Trees specified by reference to an area 

Groups of trees 

Woodlands

Second schedule

This Order shall not apply so as to require the consent of the authority to:

1. the cutting down of any tree on land which is subject to a forestry dedication covenant where
   (a) any positive covenants on the part of the owner of the land contained in the same deed as the forestry dedication covenant and at the time of the cutting down binding on the then owner of the land are fulfilled;
   (b) the cutting down is in accordance with a plan of operations approved by thee Forestry Commission , under such deed.
2. The cutting down of any trees which is in accordance with a plan of operations approved by the Forestry Commission under the approved woodlands scheme.
3. the cutting down, topping or lopping of a tree exempted from the provisions of this Order by Section 29(7) of the Act namely a tree which is dying or dead or has become dangerous, or the cutting down, topping or lopping of which is in compliance with obligations imposed by or under an Act of Parliament or so far as may be necessary for the prevention or abatement of a nuisance.
   
   NOTE
   Section 13(1) of the Civic Amenities Act 1967 requires, unless on the application of the owner, the local authority dispense with the requirement, that any tree removed or destroyed under Section 29(7) of the Town and Country Planning Act 1962, shall be replaced by another tree of appropriate size and species. In order to enable the local planning authority to come to a decision on whether or not to dispense with the requirement, notice of the proposed action should be given to the local planning authority which, except in the case of emergency, shall be of not less than five days. 
   
   
4. the cutting down, topping or lopping of a tree
   (a) in pursuance of the power conferred on the Postmaster General by virtue of section 5 of the Telegraph (Construction) Act 1908;
   (b) by or at the request of -
   (i) a statutory undertaker where the land on which the trees are situated is operational land as defined by the Act and either works on such land cannot otherwise be carried out or the cutting down, topping or lopping is for the purpose of securing safety in the operation of the undertaking;
   (ii) an electricity board within the meaning of the Electricity Act 1947, where such tree obstructs the construction by the Board of any main transmission line or other electric line within the meaning respectively of the Electricity (Supply) Act 1919 and the Electric Lighting Act 1882 or interferes or would interfere with the maintenance or working of any such line;
   (iii) a river authority established under the Water Resources Act 1963, a drainage board constituted or treated as having been constituted under the Land Drainage Act 1930, the Conservators of the River Thames or Lee Conservancy Catchment Board where the tree interferes or would interfere with the exercise of any of the functions of such river authority, drainage board, Conservators of the River Thames or Lee Conservancy Catchment Board in relation to the maintenance, improvement or construction of water courses or of drainage works; or 
   (iv) the Minister of Defence for the Royal Air Force, the Minister of Technology or the Board of Trade where in the opinion of such Minister or Board the tree obstructs the approach of aircraft to, or their departure from, any aerodrome or hinders the safe and efficient use of aviation or defence technical installations;
   (c) where immediately required for the purpose of carrying out development authorised by the planning permission granted on an application Made under Part III of the Act, or deemed to have been so granted for any of the purposes of that Part;
   (d) which is a fruit tree cultivated for fruit production growing or standing on land comprised in an orchard or garden.

Third schedule

Provisions of the following parts of (a) Part III of the Town and Country Planning ACT 1962 and (b) Section 80 of the Town and Country Planning Act 1968 as adapted and modified to apply to this Order.

(a) Part III of the Town and Country Planning Act 1962

• 21. ( 1) Without prejudice to the following provisions as to the revocation or modification of consents, any consent under the Order, including any direction as to replanting given by the authority on the granting of such consent,  shall (except in so far as the consent otherwise provides), enure for the benefit of the land and of all persons for the time being interested therein.

Reference of applications to the Secretary of State

• 22. (1) The Secretary of State may give directions to the authority requiring applications for consent under the Order to be referred to him instead of being dealt with by the authority. 
• 22. (2) A direction under this section may relate either to a particular application or to applications of a class specified in the direction
• 22. (3) Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly. 
• 22. (4) Where an application for consent under the Order is referred to the Secretary of State under this section, the provisions of Articles 4 and 5 of the Order shall apply as they apply to an application which falls to be determined by the authority.
• 22. (5) Before determining an application referred to him under this section the Secretary of State shall, if either the applicant or the authority so desire; afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary 0f State for the purpose.
• 22. (6) The decision of the Secretary of State on any application referred to him under this section shall be final.

Appeals against decisions

• 23. (1) Where an application is made to the authority for consent under the Order and that consent is refused by that authority or is granted by them subject to conditions, or where any certificate or direction is give, by the authority, the applicant, if he is aggrieved by their decision on the application, or by any such certificate, or the person directed if he is aggrieved by the direction, may by notice under this section appeal to the Secretary of State. 
• 23. (2) A notice under this section shall be served in writing within twenty eight days from the receipt of notification of the decision, certificate or direction, as the case may be, or such longer period as the Secretary of State may allow. 
• 23. (4) Where an appeal is brought under this section from a decision, certificate or direction of the authority, the Secretary of State subject to the following provisions of this section, may allow or dismiss the appeal or may reverse or vary any part of the decision of the authority, whether the appeal relates to that part thereof or not, or may cancel any certificate or cancel or vary any direction, and may deal with the application as if it had been made to him in the first instance. 
• 23. (5) Before determining an appeal under this section, the secretary of State shall, if either the appellant or the authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose. 
• 23. (7) The decision of the Secretary of State on any appeal under this section shall be final.

Appeal in default of decision

• 24. Where an application for consent under the Order is made to the authority, then unless within two months from the date of receipt of the application, or within such extended period as may at any time be agreed upon in writing between, the applicant and the authority, the authority either -
  (a) give notice to the applicant of their decision on the application; or
  (b) give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 22 above;
  the provisions of the last preceding section shall apply in relation to the application as if the consent to which it relates has been refused by the authority, and as if notification of their decision has been received by the applicant at the end of the said period of two months, or at the end of the said extended period, as the case may be.

Power to revoke or modify the consent under the Order

• 27. (1) If it appears to the authority that it is expedient to revoke or modify any consent under the Order granted on an application made under Article 3 of the Order, the authority may by Order revoke or modify the consent to such extent as they consider expedient. 
• 27. (2) (Subject to the provisions of Section 16 of the Civic Amenities Act 1967 and Section 80 of the Town and Country Planning Act 1968) an Order under this section shall not take effect unless it is confirmed by the Secretary of State, and the Secretary of State may confirm any such Order submitted to him either without modification or subject to such modifications as he considers expedient. 
• 27. (3) Where an authority submit an Order to the Secretary of State for his confirmation under this section, the authority shall furnish the Secretary of State with a statement of their reason for making the Order and shall serve notice together with a copy of the aforesaid statement on the owner and on the occupier of the land affected, and on any other person who in their opinion will be affected by the Order, and if within the period of twenty eight days from the service thereof any person on whom the notice is served so requires, the Secretary of State, before confirming the Order, shall afford to that person, and to the authority, an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose. 
• 27. (4) The power conferred by this section to revoke or modify a  consent may be exercised at any time before the operations for which consent has been given have been completed; Provided that the revocation or modification of consent shall not affect so much of those operations as had been previously carried out. 
• 27. (5) Where a notice has been served in accordance with the provisions of subsection (3) of this section, no operations or further operations as the case may be, in pursuance of the consent granted, shall be carried out pending the decision of the Secretary of State under subsection (2) of this section. 

(b) Town and Country Planning Act 1968

Unopposed revocation or modification of consent

• 80. (1) The following provisions shall have effect where the local planning authority have made an 0rder (hereinafter called "such, Order") under section 27 above revoking or modifying any consent granted on an application made under a tree preservation order but have not submitted such Order to the Secretary of State for confirmation by him and the owner and the occupier of the land and all persons who in the authoritys's opinion will be affected by such Order have notified the authority in writing that they do not object to such Order. 
• 80. (2) The authority shall advertise the fact that such Order has been made and the advertisement shall specify (a) the period (not less than twenty eight days from the date on which the advertisement first appears) within which persons affected by such Order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose and (b) the period (not less than 14 days from the expiration of the period referred to in paragraph (a) above at the expiration of which, if no such notice is given to the Secretary of State, such Order may take effect by virtue of this section and without being confirmed by the Secretary of State. 
• 80. (3) The authority shall also serve notices to the same effect on the persons mentioned in subsection (1) above. 
• 80. (4) The authority shall send a copy of any advertisement published under subsection (2) above to the Secretary of State, not more than three days after the publication. 
• 8O. (5) If within the period referred to in subsection 2(a) above no person claiming to be affected by such Order has given notice to the Secretary of State as aforesaid and the Secretary of State has not directed such Order to be submitted to him for confirmation such Order shall at the expiration of the period referred to in subsection 2(b) of this section take effect by virtue of this section and without being confirmed by the Secretary of State as required by Section 27(2) of the Town and Country Planning Act 1962. 
• 80. (6) This section does not apply to such Order revoking or modifying a consent granted or deemed to have been granted by the Secretary of State under Part III or Part IV of the Town and Country Planning Act 1962 or under Part II or Part V of the Town and Country Planning Act 1968. 

THE COMMON SEAL of the Mayor Alderman and Burgess of the Borough of Blackpool

was hereunto affixed this 9th day of March 1972 by authority of the Council of the said Borough in the presence of

Deputy Mayor

Deputy Town Clark

TPO 3 Location Plan