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Planning consideration

Tree preservation orders

The order document that protects a tree or group of trees

Design stage
Co-design
Tags

View a glossary of tags

Github
Join the discussion
Synonyms
No synonyms added
Legislation
Ordnance Survey declaration
Presumption to publish

See further information about this OS declaration

Expected number of records
Unknown
Frequency of updates
Ad hoc
Useful links
Technical specification
View specification

Background information

Each planning consideration we work on passes through the stages of our design process, where we research and answer specific questions to help us collect more information.

Backlog

  • Who asked for 'Tree preservation orders' data?

    Open System Labs - required as a planning constraint in PlanX

  • What is the driver for the request?

    Specific user requirement

  • Which 2024 focus area does the request support?

    • Modern planning software
    • Faster local plans

Screen

Research

  • Do we understand the lifecycle of a Tree preservation orders?

    Yes

    • Document a stage of the high-level lifecycle of a Tree preservation orders

      • Item 1

        name
        Request
        actors
        LPA or Public
        impact
        output
        description

      • Item 2

        name
        Site Visit
        actors
        LPA
        impact
        Decision to progress with order
        output
        description

      • Item 3

        name
        Order prepared
        actors
        impact
        output
        TPO Document
        description

      • Item 4

        name
        Objections
        actors
        Public
        impact
        Order could not be confirmed
        output
        description

      • Item 5

        name
        Order confirmed
        actors
        All parties
        impact
        Order made available to public Recorded in LLC register
        output
        description

      • Item 6

        name
        Variation of order
        actors
        LPA
        impact
        Variation of order can be confirmed or withdrawn
        output
        Revised Order which is made available to the people affected, as well as the public
        description

      • Item 7

        name
        Revocation of order
        actors
        LPA
        impact
        Order removed
        output
        Consultation
        description
        There is legislation on the revocation of a tree preservation order, under regulation 11, which states that: Where an authority revoke an order they shall— (a) endorse the original order with a statement to the effect that the order has been revoked, specifying the date of the revocation; (b) notify the persons interested in the land affected by the order that the order has been revoked; and (c) withdraw from public inspection the copy of the original order made available in accordance with regulation 5.

  • Do we understand how the data is created/produced?

    Making and confirming a tree preservation order - Flowchart

    In regards to the creation of data (for those LPAs that already have polygon data), this remains unknown. For “tree” and “tree-preservation-zone,” we expect that the OS basemap will be used as a guide, but will likely not be traced to produce the data. “Tree-preservation-order” is the dataset pertaining to the official documentation of the TPO itself, and so being owned by the LPA will mean there is no input from a third party in the creation of this part of the dataset.

  • Where will or should the data be used?

    The presence of tree preservation orders will influence the amount of prospective development and will impact the amount of information and research required to fully complete an application.

    • Conservation Areas - There is a link between Trees and Conservation Areas in the legislation.
    • Local plans - TPOs are occasionally referenced in local plans, so we think that this consideration feeds into the process of creating a local plan.

  • Who are the statutory consultees for Tree preservation orders?

  • Other than the statutory consultees who are the primary users of Tree preservation orders? How do we expect them to use Tree preservation orders?

  • What are the planning needs for this data?

  • Who are the types of users who might benefit from having access to Tree preservation orders data?

  • What are some potential uses of Tree preservation orders data?

  • What's the value of adding Tree preservation orders data to the platform?

  • From what we have learnt so far are there any risks to making Tree preservation orders data available?

    • Licensing - currently, available data is not always clearly published under an open licence
    • Digital Immaturity - Local planning authorities (where data is not currently available online) may struggle to find the capacity to create polygon data for tree preservation zones and point data for tree preservation orders

3 updates

  • Kieran Wint (08 October 2024)

    There is some ambiguity surrounding the legislation on the revocation of tree preservation orders and what this means for data. The legislation in question can be found here (regulation 11), and this is currently under review.

  • Kieran Wint (06 September 2024)

    We have been unable to find any conclusive evidence as to a set update frequency for this data. A couple of examples from individual local planning authorities suggest it is 'as needed', so in the absence of any further information the data update frequency has been marked as ad hoc.

  • Kieran Wint (05 September 2024)

    As per some research we did, summarised in this blog on an analysis of local plans and local area requirements, we think that this consideration acts as an INPUT to the process of creating a local plan.

Last updated: 2024-10-14 11:10:12