the cutting down, uprooting, topping or lopping of a tree · 2017-06-13 · tree is situated is...

(4) the cutting down, uprooting, topping or lopping of a tree

in pursuance of the power conferred on the Post Office by

virtue of Section 5 of the Telegraph (Construction) Act 1908;

by or at the request of

a statutory undertaker where the land on which the

tree is situated is operational land as defined by

the Act and either works on such land carnot other-

wise be carried out or the cutting down, uprooting,

topping or lopping is for the purpose of securing

safety in - the operation of the undertaking;

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;

(fli)a river authority established under the Water

Resources Act 1963 a drainage board constituted or

treated as having been constitued under the Land

Drainage Act 1930, the Conservators of the River

Thames, or the 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, consevators 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 Ministerof Defence for the Royal Air Porce, the

Ilinister of Technology or the Board of Trade where in

the opinion of. such Itthister or Board the tree obstructs

the approach of aircraft to, or their dearthre from, any

aerodrome or hinders the safe and efficient use of

aviation or defence technical installations

10-

where immediately required for the purpose of carrying out

d.eve1oxnent authorised by the planning permission granted

on an.aplication made under Part III of the Act, or deemed

to have been so granted for any of the purposes of that Part;

which is a fruit tree cultivated for fruit production growing

or standing on land comprised in an orchard or garden.

uI;DIJiJJJ

Provisions of the following pe.rts of Parts III and IV of the Act

as adapted and modified to apply to this Order.

Without prejudice to the following provisions as to the revocation

or modification of consents any consents under the Order, including

any direction as to replantirig given by the authority on the granting

of such consent, shall (except insofar as the consent otherwise

provides) enure for the benefit of the land and of all persons for

the time being interested therein (33(1) ).

Power to If it appears to the authority that it is expedient to revoke or vevoke or modify any

modify any consent under the Order granted on an application made

consent under Article 3 of the Order, the authority may be Order revoke or under the modify the consent to such extent as it considers expedient (45(1) ).

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 has been previously carried

• out (45(4) ).

Unopposed The following provisions shall have effect where the planning revocation authority has made an Order (hereinafter called "such Order") or modifica- under Section 45 (above) revoking or modifying any consent granted tion of on an aoplication made under 'a tree preservation order and the consent.

owner and the occupier of the land and all persons who in the

authority's opinion will be affected by such Order have notified

the authority in writing that they do not object to such Order

(46(1) ).

-11-

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 Crder may give notice to the authority that they

wish for an opportunity of appearing before, and being heard

by, a person appointed 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, such Order may take

effect by virtue of this section (46(2) ). The Authority shall also serve notices to the same effect on

the persons mentioned in sub—section (1)(above)(46(3) ). If within the period referred to in sub—section (2)(a)(above)

no person claiming to be affected by such Order has given

notice as aforesaid, such Order shall at the expiration of

the period referred to in sub—section (2)(b) of this section

take effect by virtue of this section. S.60(5) 'tProvision

may be made by regulations under this Act with respect to the

form of tree preservation orders, and the procedure to be

followed in connection with the submission and confirmation of

such orders, and the regulations may (without prejudice to the

generality of this sub—section) make provision as follows :-

that, before a tre preservation order is confirmed by the

local lanning authority, notice of the making of the order

shall be given to the ol.mers and occupiers of land affected

by the order and to such other persons, if any, as may be

specified in the regulations;

that objections and representations with respect to the

order, if duly made in accordance with the regulations, shall

be considered before the order is confirmed by the local

planning authority;

that copies of the order, when confirmed by the authority, shall

be served on such persons as may be specified in the regulations".

1 2

MI

Given under the Connon Seal of Castle Point District Council this 12th

day of October One thousand nine hundr - - - -

TIRE COi'lliON SEAL OP CASTLE POINT DISTRICT COUNCIL was hereunto affixed in the presence of :-- .

Chairman of the Counci

• Chief Executive & Cleik of the Council .

-13-

Tcy1!N AND COUNTRY PLANNII'X ACT 197j

TOWN MiD COUNTRY INENITIES ACT 1974

LOCAL GOVEIU'IHENT, PLANNING AND LAND AOl' 1980

TIDE CASTLE POINT DISTRICT COUNCIL TREE TR7CSERVATION ORDER NO • 3J4

'WOODLANDS', LAKE DRIVE, BENFLIET, FZSEX.

The Castle Pcyint District Council in this Order called "the authority" in

pursuance of the powers conferred in that behalf by sections 60 and. 61 of

the Town and Country Planning Act 1971 (as aznended.) and subject to the

provisions of the Forestry Act 19679 hereby makes the following order :-

1. In this Order :— "the Act" means the Town and Country Planning Act 1971, as

amended by the Local Government, Planning & Land Act 1980;

"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 sub—

lessee) or tenant in possession, the unexpired portion of

: -

whose lease or tenancy is three years or more; and a mortgage

in possession. ft

10

2. Subject to the provisions of this Order and to the exemptions specified

in the 11 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, uproot, wilfully damage or wilfully destroy or

cause or permit the cutting down, topping, loDping, uprooting, wilful damage,

or wilful destruction of any tree specified in the First Schedule hereto or

comprised in a group of trees or in a woodland therein specified, the position

of which trees, groups of trees and woodlands is defined in the manner indicated

in the said First Schedule on the map annexed hereto which map shall, for the

purposes of such definition as aforesaid, prevail where any ambiguity arises

between it and the specification in the said Pirt Schedule. -

3. - AI application for consent made to the authority under Article 2 of

this Order shiil be in writing stating the reasons for making the application

and shall be reference if necessary to a plan specify the trees to which the

application relates, and the operations for carrying out of which consent is

required. - -

1.

4. (i) Thre 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:

Provided that where the application re1ats to any woodland specified

in the First Schedule to this 0rcer the authority shall grant consent so far

as accords with the principles of good forestry, except where, in the opinion

of the authority, it is necessary in the interests of amenity to maintain the

special character of the wco.)i.nd or the woodland character of the area, and

shall not impose conditions on such consent requiring replacement or

replanting. (2) The authoritj siall keep 'a register of all applications for consent

under this Crder containig information as to the nature of the application,

the decision of the autho7ity thereon, any compensation awarded in cbnsequence

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. /

(NOTE: if it is desirsd to fell any of the trees inclued in this Order,

whether included as trees, groups of trees or, woodlands, and the trees are

trees for the fellii of which a licence is required under the Forestry Act

1967, application &iould be made not to the authority for consent under this

Order but to the conservator of Forests for a licence under that Act (Sction

15(5)).

5. Jhere the iuthority refuses consent under this Order or grants such

consent subject to conditions it may when refusing or granting consent

certify in respect of any trees for which it is sq refusing or granting

consent that it is satisfied :-..

that the refusal or condition is in the interests of good forestry; or

in the case of trees other than trees comprised in woodlands, that

the trees have an outstanding or specialenity value. :

6. (1). Whereconsent is granted under: this Order to fell any part of a

woodland other than consent for silvicultu.ral thinning then unless :-

2.

such conscnt is granted for the purpose of enabling development

to be carried out in accordance with a perission to develop

land under Part III of the Act, or

the authority dispenses with replanting,

the authority shall give to the owner of the land on which that part of the

woodland is situated a direction in writing specifying the manner in which

and the time within which he shall replant such land and where such a direction

is given and the' part is felled the owner shall, subject to the provision of

this Order and Section 175 of the Act, replant the said land in accordance

with the direction.

(2) Any direction given under paragraph (i) of this Article may

S include requirements as to :-

species;

number of trees per acre;

the erection and maintenance of fencing necessary for protection

of the replanting; -

the preparation of ground, draining, removal/of brushwood, lop

and top; and.

protective measures against, fire.

7. On imposing any condition requiring the replacement of any tree under

Article 4 of the Order, or an giving a direction under Article 6 of this

Order with respect to the replanting of woodlands, 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 Conservators 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 reauirements of the river authority, drainage board,

the Conservators of the River Thames or 1eLEe.Conseriancy Catchment Board

under those byelaws and the conditions or direction shall have effect

accordingly.

3.

8. The roviSi0fl5 set out in the Third Schedule to this Order, being 11 provisionS of Part III of the Act and of sub—section IN of Section 60 of the Act adapted and modified for the purpose of this Order, shall apply in

relation thereto.

9. 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 cond.iticns, 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.

10. in assessing compensation payable under the last preceding Article

account shall be taken of :-

any compensation or contribution which has been paid whether

to the claimant or any other prscn, in respect of the same

trees under the terms of this or any other Tree Preservation

Order under Section 60 of the Act or under the terms of any

Interim Preservation Order made under Section 8 of the Town

and Country Planning (Interim Develotent) Act 19439 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 Courtry Planning Act 1932, and

any injurious affection to any land of the owner which would

result from the felling of the trees the subject of the claim.

11. (i) A claim for compensation under this Order shall be in writing and

Bhall be made by serving it on the authority, such service to be effected by

delivering the claim at the offices of the authority adcLressed to the Chief

Executive and Clerk thereof or by sending it by prepaid post so addressed.

4.

(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,

Any question of disputed compensation shall be determined in accordance

with the provisions of Section 179 of the Act.

The provisions of Section 61 of the Act shall apply to this Order and

the Order shall take effect on the date hereof.

(NOTE: Any person contravening the provisions of this Order by cutting

down, uprooting or wilfully destroying a tree, or by wilfully damaging,

topping or lopping a tree in such a manner as to be likely to destroy it

is guilty of an offence and liable on summary conviction to a fine not

exceeding £400 or twice the sum which appears to the court to be the value

of the tree, whichever is the greater, or on indictment to a fine. The

penalty for any other contravention of this Order is a fine not exceeding

£200 on summary conviction and, in the case of a continuing offence when

the. contravention is continued, after conviction, a person is.liable on

summary conviction to an adcLitional.fine not exceeding-5 for everyday on

which the contravention is so continued.

If a tree other than 6ne'to which an Order appliesás part of awoódland

is removed, uprooted or destroyed in contravention of an Order or is

removed, uprooted or destroyed or dies at a time when its cutting down

or uprooting iq authorised only by Section 60(6) of the Town and Country .Planning Act 1971 relating to 'trees which are dying or dead or have become

dangerous, it is the duty of the owner of the land, unless on his application

the local, planning authority dispenses ,with the requirement to plant another

tree of appropriate size and species at the same place as soon as he reasonably

can. accept in emergency, not less than five dais previous notice of the

removal, etc., should,be giv'en to the authorty,to enable the latter to.

decide whether or not to. dispense with the requirement).

5.

CASTLE POINT DISTRICT COUNCIL

FIRST SCHEDULE

TREES SP]I1IED INDIVIDUALLY

NO. ON JAY DESCRIPTION SITUATION

T.1 lbrnbeam 'Woodlands Cottage' T.2 1rnbeam Lake Drive, T.3 'Oak Thundersley.

T.4 Oak

TREES SPEIFTED BY REFEREE IO AN AREA

NONE

.1

GROUPS OF TREES

NONE

WOO DLANDS

NONE

.

.

Li

76

MI

------------

\ \ tii3 iEEV— .aIlT

• \ \6

\ \ r S

V. .9 NN Vi-TVA..

• - /--\ jr\

c/ Te...N7 12

I 1 1

c

MAP REFERRED TO IN THE CASTLE POINT DISTRICT COUNCIL TREE PRESERVATION ORDER NO. 3/84

• SCALE - 1:1250 THE COMMON SEAL of CASTLE POINT) DISTRICT COUNCIL was hereunto

affixed in the presence of:- )

cha1rtn of the Council

chief Executi and Clerk of the Council

SECOND SCHEDULE

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

to

(i) the cutting down of any tree on land which is subject to a forestry

dedication covenant where

ay 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;

te cutting down is in accordance with a plan of operations

S approved by the Forestry Connission under such deed.

the cutting down of any tree which is in accordance with a plan of

operations aproved by the Forestry Coimnission under the approved woodlands

scheme orother grant scheme under Section 4 of the Forestry Act 1967 except

a scheme which applies to a forestry dedication covenant; -

the cutting down, trorooting, topping or lopping of a tree exempted

from the provisions of this Order by Section 60(6) of the Act namely a tree

which is dying or.dead -or has become dangerous, or the cutting down, tapping

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 abate—

ment of a nuisance. . . .

(NOTE: Section 62(1) of the Act requires, unless on the application of the

owner the local authority dispense with the requirement, that any tree removed

or destroyed under Section 60(6) of the Act 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 dispose with the

requirement, notice of the uroposed action should be given to the local

planning authority which except in a case of emergency shall be of not less

than five days).

1

C

the cutting down, uprooting, topping or lopping of a tree

in pu.rsuance of the power conferred on the Post Office by





the Act and either works on such land caiot other—



safety in the operation of the undertaking;


Electricity Act 19471 where such tree obstructs

the construction by the board of any nain

transmission line or other electric line within


Act 1919 and the ilectric Lighting Act 1882 or


or working of any such line;

iiia river anthority established under the Water




Thames, or the Lee Conservancy Catchment Board,



authority, drainage board, consevátors of the River

Thames or Lee Conservancy Catchnent Board in relation

to the maintenance, improvement or construction of

- water courses or of drainage works; or

(iv) the ?iinister 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 dearture from, any

aerodrome or hinders the safe and efficient use of

aviation or defence technical ins tallations

(4)

S

where innediately required for the purpose of carrying out

develojxnent authorised by the planning permission granted

on anaoplicz.tion made under Part III of 1he Act, or deemed


which.is a fruit tree cultivated for fruit production growing


THIRD SCHEDULE

Provisions of the follcwing parts of Parts III and IV of the Act

as adapted and modified to apply to this Order. Without prejudice to the following provisions as to the revocation

or modification of consents any consents under the Order, including

any direction as to replanting given by the authority on the granting

• - of such consent, shall (except insofar as the consent otherwise

provides) enure for the benefit of the land and of all persons for


Power to If it appears to the authority that t is expedient to revoke or revoke or modify any consent under the Order granted on azi'application made i6dify any consent under Article 3 of the Order, the authority may be Order revoke or under the modify the consent to such extent as it considers expedient (45(1) ).

The power conferred by this section to revoke or modify a consent


consent has been given have been completed -


affect so niuch of those operations as has been previously carried

out (45(4) ).

Unopposed The following provisions shall have effect where the planning revocation authority has made an Order (hereinafter called "such Order") or modifica— under Section 45 (above) revking or modifying any consent granted

tion of on an amplication made under a tree preservation order and the consent.


authority's tpinion will be affected by such Order have notified


(46(1) ). •

9

The Authority shall advertise the fact that such Order has


(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 authority that they

wish for an cpnortunity of appearing before, and being heard





effect by virtue of this section (46(2) ).

The Authority shall also serve notices to the same effect on

the persons mentioned in sub-section (1)(above)(460) ).

If within the period referred to in sub-section (2)(a)(above)


notice as aforesaid, such;Order shall at the expiration of

the period referred to in sub-section (2)(b) of this section

take effect by virtue of.this section. S.60(5) "Provision

may be made by regulations under this Act with respect to the -




generality of this sub-section) make provision as follows :-

that, before a tree preservation order is confirmed by the

local planning authority, notice of the making of the order

shall be given to the owners and occupiers of land affected






planning authority;



10

Given under the Comnon Seal of Castle Point District Council this

day of One thousand nine hundred and

TE CONMON SEAL OF CASTLE POINT DISTRIOP COD1CIL was . hereunto affixed in the prence of :--

• • • Chairman of%=ci-1 • •• -p

• •

• - • Chief ]cecutive & Clerk.

of the Council

11

CASTLE POINT DISTRICT COUNCIL

CASTLE POINT TREE PRESERVATION ORDER NO. 3/84

'WOODLANDS', LAKE DRIVE, BENFLEET

STATEMENT OF REASONS FOR THE COUNCIL MAKING THE ORDER

The Council is the Local Planning Ai.ithority for the District of Castle Point.

The Council considers the trees to be good specimens worthy of preservation.

Accordingly, by virtue of the powers conferred upon it by the Town and Country Planning Act 1971, the. Council has made a Tree Preservation Order in respect thereof.

. Dated this day of Iq JLSt 1984.

Council Offices, Kiln Road, Benfleet, Essex

Chief Executive and Clerk of the Council

TO!N I') COTJ!TRY PLNNING ACT 1971

TOWN AND COU1TRY /ENITIPS ACT 1974

LOCAL G0EiiThEN1?, PLPNNING AND LAND ACT 1980

THE, CASTLE PC)Ii'T DISTRICT COCIL TR' PRESIVATION ORD7,2 No. 2

69/71 ST. MARY'S ROAD, BENFLEET

The Castle Point District Council in this Order called "the authority" in

pursuance of the powers conferred in that behalf by sections 60 and 61 of

the Town and Country Planning Act 1971 (as amended) and subject to the

provisionS of the Forestry Act 1967, hereby makes the following order :-

In this Order

"the Act" means the Town and Country Planning Act 1971, as

amended by the Local Government, Planning & Land Act 1980;

• "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 sub-

- lessee) or tenant in possession, the unexpired portion of

whose lease or tenancy is three years or more; and a mortgage

in possession. /

Subject to the provisions of this Order and to the exemptions specified

in the Second Schedule hereto, no person shall, except vith the consent of

the authority and in accordance with the conditions, if any, imposed on such


cause or permit the cutting down, topping, lopping, uprAotig, wilful damage,




in the said First Schedule on the map annexed hereto which map shall, for the•

purposes of such definition as aforesaid, prevail where any ambiguity arises

between it and the specification in the said First Schedule.

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 be reference if necessary to a plan specify the trees to which the


required.

1.

4. (i) d1here 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:

Provided that where the application relates to any woodland specified

in the First Schedule to this 0rcer the authority shall grant consent so far

as accords with the principles of good forestry, except where, in the opinion

of the authority, it is necessary in the interests of amenity to maintain the

special character of the woodland or the woodland character of the are, and


replanting.

(2) The authority shall keep a register of all applications for consent

under this Crier containing information as to the nature of the application,

the decision of the authority therecn, any compensation awarded in consequence

of such decision and any directions as to replanting of woodlands; and every


hours. p

(NOTE: If it is desired to fell any of the trees included in this Order,

whether included as trees, groups of trees or woodlands, 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) 5. ihere the authority refuses consent under this Order or grants such

consent subject to conditions it may when refusing or granting consent

certify in respect of any trees for which it is so refusing or granting

consent that it is satisfied :-

that the refusal or condition is in the interests of good forestry; or

in the case of trees other than trees comprised in woodlands, that

the trees have an outstanding or special amenity value.

6. (i) Where consent is granted under this Order to fell any part of a

woodland other than consent for silvicultural thinning then unless :-

2.

such consent is granted for the purpose of enabling development

to be carried out in accordance with a permission to develop

land under Part III of the Act, or


the authority shall give to the owner of the land on which that part of the

woodland is situated a direction in writing specifying the manner in which

and the time within which he shall replant such land and where such a direction

is given and the part is felled the owner shall, subject to the provision of

this Order and Section 175 of the Act, replant the said land in accordance

with the direction.

(2) Any direction given under iaragraph (i) of this Article may

include requirements as to :—

species;

number of trees ner acre;

the erection and maintenance of fencing necessary for protection

of the replanting;

the preDaration of ground, draining, removal,of brushwood, lop

and top; and

protective measures against fire.

7. On imposing any condition requiring the replacement of any tree under

Article 4 of the Order, or an giving a direction under Article 6 of this

04

Order with respect to the replanting of woodlands, the authority shall if

such condition or direction relates to land in respect of which byelaws made

by a river authority, a dra1n3ge board, the Conservators of the River Thames

or the Lee Conservancy Catchnent Board restrict or regi1ate 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, drainage board,

the Conservators of the River Thames or tlieLco.Conseriancy Catchment Board

under those byelaws and the conditions or direction shall have effect

accordingly.

3.

The proviSionS set out in the Third Schedule to this Order, being

provisions of Part III of the Act and of sub-section -(5) of Section 60 of the

Act adapted and modified for the purpose of this Order, shall apply in

relation thereto.

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, b2 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.

In assessing compensation payable under the last preceding Article

account shall be taken of :-

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 60 of the Act or under the terms of any

Interim Preservation Order made under Section 8 of the Town

and Country Planning (Interim Develoent) Act 1943, or any

40 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

any injurious affection to any land of the owner which would

result from the felling of the trees the subject of the claim.

ii. (i) 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 Chief

Executive and Clerk thereof or by sending it by prepaid Dost so addressed.

4.


shall be a period of twelve months from the date of the decision of the authority,

Any question of disputed compensation shall be deteimined in accordance


The provisions of Section 61 of the Act shall apply to this Order and

the Order shall take. effect on the date hereof.

(NOTE: Any person contravening the provisions of this Order by cutting

down, uprooting or wilfi11y destroying a tree, or by wilfully damaging,

topping or lopping a tree in such a manneras to be likely to destroy it

is guilty of an offence and liable on summary conviction to a fine not

exceeding £400 or , twice the sum which appears to the court to be the value

of the tree, whichever is the greater, or on indictment to a fine. The

penalty for any other contravention of this Order is a fine not exceeding

£200 on summar,r conviction and, in the case of a continuing offence when

the contravention is continued after conviction, a person is liable on

summary conviction to an additional fine not exceeding5 for every day on

which the contravention is so contintied.

If a tree other than one' to which an Order applies as part of a woodland

is removed, uprooted or destroyed in contravention of an Order or is

removed, uprooted or destroyed or dies at a time when its cutting down

or uprooting is authorIsed only by Section 60(6) - of the Town and Country

Planning Act 1971 relating to 'trees which are dying or dead or have become

dangerous, it is the duty of the owner of the land, unless on his application

the local planning authority dispenses with the requirement to plant another

tree of appropriate size and species at the sanie place as soon as he reasonably

can. ]!bcept in emergency, not less than five days previous notice of the

removal, etc., should be given to the authority to enable the latter to

decide whether or not to. dispense with the requirement).

5.

CASTLE POINT DISRICT C0UOIL

FIRST SCHEDULE

TREES SPECIFIED INDIVIDUALLY

NO. ON MAP

Ti

T2

DESCRIPTION

Ash

Oak

eet—G-hes-tm.t

Oa1

SI TUA TI ON

69 St. Mary's Road, Benfleet

71 St. Mary' s Road, Benfleet

-19 -4, M& ' s— I, B iIt1

..h.9—Et.

.—B-tMyito&-BenfI c-t-

el

TREES SPECIFIED BY REFERENCE TO AN AREA

NONE

GROUPS OF TREES

NONE

WOODLANDS

NONE

6.

.

C? Woz

Chief Executi ' and Clerk of the Council

3

MAP RERED TO IN TIE CASTLE POINT DISTRICT COUICIL TREE PRESERVATION ORDER NO. 2/84

SCALE - 1:1250

THE C0i'I01,T SEAL of CASTLE, POINT ) DISTRICT COtilICIL was hereunto ) affixed in the presence of:— )

Cha an of the Council

SECOND SH}UI

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

to


dedication covenant where

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;

tie cutting down is in accordance with a plan of operations

• approved by the Forestry Commission under such deed.

the cutting down of any tree which is in accordance with a plan of

operations 'approved by the Forestry Coission under the approved woodlands

scheme orother grant scheme under Section 4 of the Forestry Act 1967 except

a scheme which applies to a forestry dedication covenant;

the cutting down, uprooting, topping or lopping of a tree exempted

from the provisions of this Order by Section 60(6) of the Act namely a tree

which is dying or dead.or has become dangerous, or the cutting down, tapping

or lopping of which is in compliance with obligations imposed by or under an

Act of Parliamentpor so far as may be necessary for the prevention or abate—

ment of a nuisance.

(NOTE: Section 62(1) of the Act requires, unless on the application of the

owner the local authority dispense with the requirement, thatany tree removed

or destroyed under Section 60(6) of the Act 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 dispose with the

requirement, notice of the proposed action should be given to the local

planning authority which except in a case of emergency shall be of not less

than five days).

7.

(4) the cutting down, uprooting, topping or lopping of a tree

in pursuance of the power conferred on the Post Office by





the Act and either works on such land cannot other—



safety in the operation of the undertaking;


Electricity Act 1947, where such tree obstructs

the construction by the 'board of any main

transmission line or other. electric line within


Act 1919 and the Electric Lighting Act 1882 or


or working of any such line; '

ciiia river anthority established under the Water




-

Thaies, or the Lee Conservancy Catcbment Board, . -



authority, drainage board, conse4vators of the River

Thanes or Lee Conservancy Catchnent Board in relation

to the maintenance, Improvement or construction of

- water courses or of drainage works; or

(iv) the IvIlnister of Defence for the Royal Air Force, the

1-linister of Technoloj or the Board of Trade where in

the opinion of such lilnister or Board the tree obstructs

the approach of aircraft to, or their derture from, any

aerodrome or hinders the safe and efficient use of . aviation or defence technical installations,

8.

where imiediateiy required for the purpose of carrying out

developnent authorised by the planning permission granted

on on aplication made under Part III of the Act, or deemed


which is a fruit tree cultivated for fruit production growing


THIRD SCHEDUlE

Provisions of the following parts of Parts III and IV of the Act

as adapted and modified to apply to this Order.

Without prejudice to the following provisions as to the revocation

or modification of consents any consents under the Order, including . any direction as to replanting given by the authority on the granting

of such consent, shall (except insofar as the consent otherwise

provides) entire for the benefit of the land and of all persons for


Power to If it appears to the authority that it is expedient to revoke or revoke or ôdify any modify any consent under the Order granted on an application made

consent under Article 3 of the Order, the authority may be Order revoke or under the /

Order, modify the consent to such extent as it considers expedient 45l) ). The power conferred by this section to revoke or modify a consent


consent has been given have been completed:


affect so much of those operations as has been previously carried

out (45(4) ).

Unopoosed The following provisions shall have effect where the planning

revocation authority has made an Order (hereinafter called "such Order") or modif lea— under Section 45 (above) revoking or modifying any consent granted tion of consent. on an aDplication made under a tree preservation order and the

-


authority's opinion will be affected by such Order have notified


(46(1) ). 9.

The Authority shall advertise the fact that •such Order has


(not less than twenty—eight days from the date on which the

advertisemsnt first appears) within which persons affected

by such Order nay give notice to the authority that they

wish for an epportunity of appearing before, and being heard





effect by virtue of this section (46(2) ). The Authority shall also serve notices to the same effect on

the persons mentioned in sub—section (1)(above)(46(3) ). If within the period referred to in sub—section (2)(a)(above)


notice as aforesaid, such ..Order shall at the expiration of

the period referred to in sub—section (2)(b) of this section

take effect by virtue of this section. S.60(5) "Provision

may be made by regulations imcler this Act with respect to the




generality of this sub—section) ma3e provision as follows :-

that, before a tr'e preservation order is confirmed by the

local planning authority, notice of the making of the order

shall be given to the owners and occupiers of land affected






planning authority;


-


:10.

Given under the Cotmnon Seal of Castle Point District Council this (o1*

day of -

A One thousand nine hundred and

TE COiThiON SEAL OF CASTLE POI12 DISThI.P COUI'TCIL was . hereunto affixed in the prence of :-

Chairran of the Council

Chief Execu ive &Clerk . of the Council

11.

CASTLE POINT DISTRICT COUIL

CASTLE POINT TREE PRES ERVA TI ON ORDER NO. 2/84

69/71 ST. MARY'S ROAD, BENFLEET

STATENiNT OP REASONS FOR THE COUNCIL MAKING THE ORDEE

The Council is the Local Planning Authority for the District of Castle Point.

The Council considers that the trees the subject of this Order, form an important part of the belt of trees which help to screen from view the dwellings fronting St. Mary's Road, sited prominently as those dwellings are, along the ridge of Benfleet Downs.

In addition,the trees add to the natural amenities enjoyed by the occupiers of dwellings in the vicinity.

Accordingly, by virtue of the powers conferred upon it by the Thwn and Country Planning Act 1971, the Council has made a Tree Preservation Order in respect thereof.'

40 Dated this Day of 1964

Council Offices, Kiln Road, Benfleet Essex

Chief Executive and Clerk of the Council

TOWN AND COUNTRY PLANNING AgL 191. TOWN AND COUNTRY ANITIES ACT 1974

LOCAL GOVERNMEINT, PLANNING AND LAND ACT 1980

THE CASTLE POINT DISTRICT COUNCIL TREE PRESERVATION ORDER NO. 1/84

164, DJCS FEATH ROAD, BNFLEET, ESE2

The Castle Point District Council in this Order called "the authority" in

pursuance of the powers conferred in that behalf by sections 60 and 61 of the

Town and Country Planning Act 1971 (as amended) and subject to the provisionF

of the Forestry Act 1967, hereby makes the following order :-

In this Order :-

"the Act" means the Town and. Country Planning Act 1971, as aendd by

the L.cal Government,Planning and Land Act 1980;

"owner" means the owner in fee simple, either in possession oz who has

granted a lease or tenancy of which the unoxpi.red nortinn lo loss than

three years; lessee (no1uding a so) or tenant in possession,

the unexpired portion of whose lease or tenancy is three years or more;

and a mortgagee in possession.

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


cause or permit the cutting down, topping, lopping, uprooting, wilful damage,




in the said First Schedule on the map annexed hereto which map shall, for the

purposes of such definition as aforesaid, prevail where any ambiguity arises '

between it and the specification in the said First Schedule.

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


required.

(i) 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 oonditions (including conditions requiring the replacement of any tree

by one or more trees on the site or in the immediate vicinity thereof), as the

1 authority may think fit, or may refuse consent:

Provided that where the application relates to any woodland specified in

the First Schedule to this Order the authority shall grant consent so far as

accords with the principles of good forestry, except where, in the opinion of the

1.

A

authority, it is necessary in the interests of aneriiy to maintain the

special character of the woodland or the woodland character of the area, and


replanting. (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


hours. (NOTE: If it is desired to fell any of th trees included in this Order,

whether included as trees, groups of trees or woodlands, 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 licexe under that Act (Section 15(5) ). . 5. Where the authority refuses consent under this Order or grants such 3on5ent

subject to conditions it may when refusing or granting consent certify in respect

of any trees for which it is so refusing or granting consent that it 5.5

aatisfied

that the refusal or cothition is in the interests of good forestry; or

in the case of trees other than trees comprised in woodlands, that the

trees have an outstanding or special amenity value.

6. (i) Where consent is granted under tnis Order to fell any part of a

woo dland, other than consent for silvicultural thinning then unless :-

such consent is granted for the pui'pose of enabliag development to be

carried out in accordance with a permission to develop land under Part

III of the Act, or


the authority shall give to the cv:ner of the land on which that part of the

woodland is situated a direction in writing specify5,ng the manner in which and

the time within which he shall replant such land and where such a direction is

given and the part is felled the owner shall, subject to the provision of this

Order and Section 175 of the Act, replant the said land in accordar e with the

direction. (2) Any direction given wdei paragraph (1) of this Article may include

requirements as to

species;

number of trees per acre;

the erection and maintenance of fencing necessary for piotection of the

replanting;

(d.) the preparation of ground, draining, removal of brushiood, lop and p;and

((,,) protective easure.s against fire.

2.

On imposing any condition roquJrng -tQ c: •.ny Lroo mUr Article

4 of the Order, or on giving a direction under Article 6 of this Order VTI'th

respect to the replanting of woodlands, the authority shall if such condition or

direction relates to land in respect of which bye1ays made by a river authority,

a th'ainage board, the Conservators of the River Thames or the Lee Conservancy

Catchmcnt 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 ha effect subject to the requirements

of the river authority, drainage board, the Conservators of the River Thames or

the Lee Censervancy Catc1ent Board unduf those byclaws and the condition or

direction shall have effect accordingly.

The provisions sot out in the Third. Schedule to this Order, being provisions

of Part III of the Act and of sub-section (5) of Section 60 of the Act adapted and

modified fo: the purpose of this Order, shall apply in relation thereto.

Subject to the provisions of this Order, any person who has suffered loss or

damage in consoqucnoe of any refusal (including revocation or modification) of

consent under this 0zder or of any grant of any such consent subject to conditions,

shall, if he makes a claim on the authority vithin the time and in the manner

prescribed. by this Order, be entitled to recover from the authority compensation

in respect of such loss or anago:

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 Lrticlo 5 of this Order.

O. In assessing compensation payable under the last preceding Article account

shall be taken of

any compensation or contribution which has been paid whether to the

claimant or any other person, in respect of the sane trees under the

torus of this or any other Tree Preservation Order under Section 60 of

the Act or under the torus of any Interim Preservation Order made under

Section 8 of the Tow.n and Country Planning (Interim Deve1opnent) 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 schaso under the Town and Countr

Planning Act 1932, and

any injurious affection to any land of the owner which wuld result from

the felling f the tr.ies the subject of the claim.

11. (i) A claim far 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 claln at the offices of the authority addressed to the Chief Executive and

Clerk thereof or by sending it by prepaid post so addressed.

3.


shall be a period of twelve months from the date of the decision of the authority.

Any question of disputed compensation shall be determined in accordance


The provisions of Section 61 of the Act shall apply to this Order and the

Order shall - ke effect on the date hereof.

(NO: Any person contravening the provisions of this Order by cutting dorn,

uprooting or wilfully destroying a tree, or by wilfully damaging, topping or

lopping a tree in such a manner as to be likely to destroy it is guilty of an

offence and liable on summary conviction to a fine not exceeding £400 or twice

the sun which appears to the Court to be the value of the tree, whichever is the

greater, or on indictment to a fine. The penalty for any other contravention

of this Order is a fine not exceeding £200 on summary conviction and, in the

case of a continuing offence when the contravention is continued after

conviction, a person is liable on summary conviction to an additional fine not

exceeding £5 for every day on which the contravention is so continued. If a tree other than one to which an Order applies as part of a woodland is

removed, uprooted or destroyed in contravention of an Order or is removed,

uprooted or destroyed or dies at a time when its cutting down or uprooting is

authorised only by Section 60(6) of the Town and Country Planning Act 1971

relating to t rees which are dying or dead or have become dangerous, it is the

duty of the owner of the land, unless on his application the local planning

authority dispenses with the requirement, to plant another tree of appropriate

size and species at the sane place as soon as he reasonably can. Except in

emergency, not less than five days previous notice, of the removal, etc.,

should be given to the authority to enable the lc.tter to decide whether or not

to dispense with the requirement).

0

I

'it

4.

FIRST SCHEDULE

TREES SPIFIED INDIVIDUALLY

NO. ON MAP DESCRIPTION SITTJTION

T.1. Oak 164 Daws Heath Road, B enf 1 eet.

TREES SPBIFIED BY REFRiCE iO AN tRA

NONE

ROU?S OF TREES

ONE

YOODLANDS

NONE

S.

.

.

WS

- G

-' G

,--- G

I ------------

It It'

I Cottage Plantation

.

MAP REPEREED TO IN THE CASTLE POINT DISTRICT COUNCIL TBE1 PEESERVATION ORDER NO. 1/84

SCALE - 1:1250

THE COI'IION SEAL of CASTLE POINT DISTRICT COUicCIL was hereunto affixed in the presence of:— )

Chairman of the Council

Chief Execut and. Clerk of the Council

I_.LJ,J LI lLI L1¼.d J._.A.1_JUJ.JLJ

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


dedication covenant whore

any positive ccvcnants on the part of the owner of the land contained

in the same deed as the forestry dedication covenant and at the tine

of the cutting dLwn binJing on th then owner of the lan.1 are fulfilled;

the cutting down is in accordanco with a plan of operations approved

by the Forestry Coission undc: such deed.

(2) the cutting down of any tree which is in accordance with a plan of operations

approved by the Forestry Ccission under the approved woodiands scheme or

other grant sch€o under Section ).i of the Forestry hot 1967 except a scheme which

applies to a forestry dedication covenant;

(.3) the cutting c1OWfl, uprooting, topping or lopping of a tree exempted from the

• provisions cf this Order by Section 60(6) 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.

(N01: Section 62(1) of the requires, unless on the application of the

owner the local authority dispense with the requit'ement, that any tree removed

or destroyed under Section 60(6) of the act shall be replaced by another tree of

appropriate size and species. In order to enable tfle local planning authority

to come to .a cecision, on whother or not to dispense with the requirement, notice

of the prcpused action should be given to the local planning authority which

except in a case of emergency shall be of not loss than five days).

(4) the cutting down, uprooting, topping or lopping of a tr.e

(a) in pursuance of the p:wer conferred on the Post Office by virtue of

Section 5 of the Telegraph (Construction) ct 1908;

b) by or at the request of

(i) a statutory undertaker where the land on which the tree is situated

is operational land as defined by the Act and either works on such

land cannot otherwise be carried out or the cutting down, uprooting,

topping or lopping is for the purpose of securing safety in the

operation of the undcrtadng;

(±±) 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 ct 1882 or interferes or would interfere with the

:aintenare or working of any such line;

6.

a river authority established under th Wtor Rocourees ct 1963

a drainage board constituted or treated as having been constitued

under the Land Drainage Act 1930, the Conservators of the River

Thames, or the Lee Conservancy Catchinent 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 Catchmont Board in

relation to the maintenance, improvement or construction of

water courses or of drainage works; or

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;

where immediately required for the purpose of carrying out development

authorised by the planning permission granted on an application made

S under Part III of the Act, or deemed to have been so granted for any

of the purposes of that Part;

which is a fruit tree cultivated for fruit production growing or

standing on land comprised in an orchard or garden.

THIRD SC}DULE

Provisions of the following parts of Parts III and IV of the Act as adapted

and modified to apply to this Order.

Without prejudice to the following provisions as to the revocation or

modification of consents any consents under the Order, including any direction

as to replanting given by the authority on the granting of such consent,

shall (except insofar as the consent otherwise provides) enure for the

S benefit of the land and of all persons for the time being interested therein

(33(1) ). Power to If it appears to the authority that it is expedient to revoke or revoke or modify any consent under the Order granted on an application made under modify any Article 3 of the Order, the authority may by Order revoke or modify the consent under consent to such extent as it considers expedient (45(1) ). the Order. 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:


affect so much of those operations as has been previously carried out (45(4) ).

.7 I.

Uitoppo'ed The following provJ s i,nis shall live effect where the planning

revocation authority has made an Order (hereinafter called "such Ordcrtt) under or modifica- Section 45 (above) revoking or modifying any consent granted on an appli- tion of cation made under a tree preservation order and the owner and the occupier consent.

of the land and all persons who in the authority's opinion will be affected

by such Order have notified the authority in writing that they do not object

• to such Order (46(1) ). 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 authority that

they wish for an opportunity of appearing before, and bing heard by, a

person appointed 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, such Order may take effect

by virtue of this section (46(2) ). The Authority shall also serve notices to the same effect on the persons

mentioned, in sub-section (1) (above) (46(3) ). If within the period referred to in sub-section (2)(a) (above) no

person claiming to be affected by such Order has given notice as aforesaid,

such Order shall at the expiration of the period referred to in sub-section

(2) (b) of this section take effect by virtue of this section. S.60(5) "Provision may be made by regulations under this Act with rtspect to the

form of tree preservation orders, and the procedure to be followed in

connection with the submission and confirmation of such orders, and the

regulations may (without prejudice to the generality of this sub-section)

make provision as follows

that, before a tree preservation order is confirmed by the local

planning authority, notice of the making of the order shall be

given to the owners and occupiers of land affected by the order and

to such other persons, if any, as may be specified in the regulations;

that objections and representations with respect to the order, if

duly made in accordance with the regulations, shall be considered

before the order is confirmed by the local planning authority;


be served on such persons as may be specified in the regulations."

Given under the Common Seal of Castle Point District Council this o.f-L

dav of One thousand nine hundred and cy -r

TIDCOi'iOi SEAL of CASTLE ) POITh? DISThICT COU1'ICIL was )

• hereunto affixed in the ) presence of :— )

Chairman of the Council

cc 47

chief Executive & Clerk of the Council

I hcrsby cn4y that this is Q •trJ.7 copy if th3

OrCi nneat

cw of /-/ 19 ?'j- -

soficklor for Ccstic Poi,t District Coinci

Coune O1ce:, (Ur Road, £i&*

9.

.

I

El

CASTLE POINT DISICT COUNCIL

CASTLE POINT ThEE PRESEVAON ORDER t40. I /8

164 DA'S HEAT1-1 ROAD, BENFLEET

State:nent of the Reasons of the Council for making the Order

The Council is the local Planning Authority for the

Ll District of Castle Point.

The Council considers. the tree to be an excellent

specimen in good cond.ition, and sited as it is,

close to the i.gh.ay boundary, forms an attractive

feature worthy of preservation.

Accordingly, by virtue of the powers conferred

upon it by the Town and Country Planning Act 1971,

the Council has made a Tree Preservation Order in

[I re5pect thereof.

DATED ']EIS 4Th DAY OF APRIL 1982+

Council Offices

Kiln Road,

Benfleet,

Essex Chief Executive and Clerk of

/ the Council

the cutting down, uprooting, topping or lopping of a tree · 2017-06-13 · tree is situated is...

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