Tree preservation order TPO58

Town and Country Planning Act 1990 & The Town and Country Planning (Tree Preservation) (England) Regulations 2012 

The Blackpool Borough Council Tree Preservation Order 2023/058 - Riley Hill Farm, Blackpool, FY4 4QS 

Blackpool Borough Council, in exercise of the powers conferred on them by section 198 of the Town and Country Planning Act 1990, hereby make the following Order-

Citation

1

This Order may be cited as The Blackpool Borough Council Tree Preservation Order 2023/058 - Riley Hill Farm, Blackpool, FY4 4QS 

Interpretation

2

(1)  In this Order "the authority" means Blackpool Borough Council 

(2)   In this Order any reference to a numbered section is a reference to the section so numbered in the Town and Country Planning Act 1990 and any reference to a numbered regulation is a reference to the regulation so numbered in the Town and Country Planning (Tree Preservation) (England) Regulations 2012.

Effect

 

3

(1)  Subject to article 4, this Order takes effect provisionally on the date on which it is made. 

(2)   Without prejudice to subsection (7) of section 198 (power to make tree preservation orders) or subsection (1) of section 200 (tree preservation orders: Forestry Commissioners) and, subject to the exceptions in regulation 14, no person shall- 

(a) cut down, top, lop, uproot, wilfully damage, or wilfully destroy; or

(b)cause or permit the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of 

Any tree specified in the Schedule to this Order except with the written consent of the authority in accordance with regulations 16 and 17, or of the Secretary of State in accordance with regulation 23, and, where such consent is given subject to conditions, in accordance with those conditions. 

Application to trees to be planted pursuant to a condition 4

In relation to any tree identified in the first column of the Schedule by the letter "C", being a tree to be planted pursuant to a condition imposed under paragraph (a) of section 197 (planning permission to include appropriate provision for preservation and  planting  of trees), this Order takes effect as from the time when the tree is planted. 

The Common Seal of Blackpool Council was affixed to this Order in the presence of:

 

Schedule

Specification of trees 

Trees Specified Individually (Trees on the Map)

Reference on map	Description	Situation
T2	Aspen (Populus tremula)	View Plan
T3	Aspen (Populus tremula)	View Plan
T17	Aspen (Populus tremula)	View Plan

Group of Trees (Trees on the Map)

Reference on map	Description (including number of trees of each species in the group)	Situation
T4 & T5	T4 & T5 Horse Chestnut (Aesculus hippocastanum)	View Plan
T6, T7, T11 & T12	T6,T7,T11 & T12 Sycamore (Aesculus pseaudoplatanus)	View Plan
T8, T9 & T10	T8,T9 & T10 Norway Maple (Acer platanoidies)	View Plan
T13,T14,T15 & T16	T13,T14,T15 &T16 Wild Cherry (Prunus avium)	View Plan

 

 

Town and Country Planning Act 1990 & The Town and Country Planning (Tree Preservation) (England) Regulations 2012 

The Blackpool Borough Council Tree Preservation Order 2023/058 -Riley Hill Farm, Blackpool, FY4 4QS CONFIRMATION WITH MODIFICATION 

This Order was confirmed by Blackpool Borough Council, subject to the following modifications: 

• T2 has been removed from the order as the tree will be removed to provide site access - as planning permission is granted for the site and the felling of the tree protected by a TPO is included in the application, planning permission outweighs any protection that the TPO may have offered.
• T14 and TlS have been removed from the order as they have failed at the root - due to the impact of the previously installed road surfacing
• T16 has been removed from the order as the tree will be removed to provide access to the drainage system - as planning permission is granted for the site and the felling of the tree protected by a TPO is included in the application, planning permission outweighs any protection that the TPO may have offered.
• T17 has been removed from the order as although the tree supports site biodiversity and provides habitat its condition, visibility and expected longevity do not warrant protection under a TPO

The trees identified in the Plan to the Schedule on the Order are referred to in the Modification Plan as follows: 

• T3 is now T1
• T4, T5 and T6 - Horse Chestnut
• T6, T7, T11 and T12 - Sycamore
• T8, T9 and T10 - Norway Maple
• T13 - Wild Cherry

are shown as a group of trees and referred to in the Modification Plan as G1.

Dated 24th day of April 2024 

The Common Seal of Blackpool Borough Council was hereunto affixed in the presence of: 

   

 

Schedule

Specification of trees 

Trees Specified Individually (Encircled in black on the Map)

Reference on map	Description	Situation
T1	Aspen	View Plan

Group of Trees (Within a broken black line on the Map)

Reference on map	Description (including number of trees of each species in the group)	Situation
G1	Horse Chestnut X2, Sycamore X4, Norway Maple x3, Wild Cherry x1	View Plan