Planning experts - how long does permission last (TPO)?

[Kelta]

We have a woodland management scheme in place for an area under a bulk TPO. We had the scheme approved via a planning permission process in 2013 and have been steadily working our way through the various works (we literally have hundreds of trees, many of which have been neglected in the past and have lots of dead wood/need felling for safety reasons).

I am wondering whether we ought to have had the permission refreshed or something? We started the work when the planning permission came though but have then been working through it tackling a few trees a year (it costs thousands to deal with the work).

Does anyone know if the rule that once you have the permission it is there for good (as long as you start the work within 3 years) applies to tree work too?

Consent given for Works to Trees is not the same as planning permission.
It is valid for 2 years, not 3.
I can't find anything that says once work is started, the consent is implemented and can then take as long as you like (which you can with PP).
I am not an expert in this area of planning, but it is not something that I have come across during 30+ years I have worked in the sector.
Does the original consent specify anything at all about timing?

Considering the hefty fines that can be imposed for unauthorised works, I think I would contact the planning department/tree officer for their views - maybe in a hypothetical, kind of what if type of query in the first instance?

@Kelta
See attached government advice on duration. Unless they specify a time, it seems ongoing. However this advice also suggests TPOs are not aimed at preventing general maintenance. It also suggests working with the Woodland Trust and getting a grant. Would this be worth looking at? I think the length of the TPO and PP is ongoing if a time limit is not specified. @Seeline might know more. We have woodland but no TPOs.

Ha! @Seeline Ignore my tag! The government advice is to contact the Woodland Trust for advice. This seems sensible because the OP is doing the work and it’s expensive!

Also woodland management is not the same as reducing branches on a single tree with a tpo. You can maintain the wood without too much bureaucracy.

Similarly, a programme of work (such as specific operations which are to be repeated on an annual or regular basis, or a series of operations phased over a period of time) could be submitted as one application. Such applications are in fact encouraged as a means of promoting ongoing beneficial woodland management plans of, say, five years without the need for repeated applications over a relatively short period of time.

I found this - did the application specify an on-going scheme of work?

If you had permission to work on an area TPO, this was presumably from your local council. I would suggest contacting their tree officer to discuss.

@Pringleface That depends on how much you want bureaucracy.

@TizerorFizz if the whole area is covered by a Woodland TPO, the same provisions apply as for a single tree.
The time limit relates to the validity of the consent to be implemented. With PP it is specified that work has to commence within that time to implement the permission - thereafter you can take as long as you like to finish the development (or not!). There is case law which establishes what constitutes PP being implemented.
I am not aware of any similar provisions with regard to Consent for tree Works.

@Kelta What type of works did the original consent actually approve? The guidance indicates that perhaps a 5 year programme of works might be OK - I think 10 years is probably pushing it.

Or how much you don't want a massive fine.....

I <think> the fines are per tree too....

The government advice is pretty clear. It’s not meant to be a draconian pp. It suggests working with the Woodland Trust. I think if no time limit is specified, work can be ongoing. As indeed a tpo is ongoing. Everyone is expected to work together and work has started. It would seem grossly unfair to even mention a fine! Surely a management plan would be best for everyone? Even trying for a grant?

We've been here years and have an approved woodland management scheme which covered the wood and in particular 59 specific trees closer to the house. It needed planning permission which was granted and we started the work straight away. Obviously we couldn't do it all at once.

If we have small areas of dead wood or a dead tree which might cause a danger then we can deal with this under a five day notice but the general felling of trees which are diseased or have structural weaknesses etc aren't covered under the five day notice.

Problem is that the council is currently without a tree officer and so they get temporary staff in and I've been trying for months to get someone to come out and give us some guidance or even to discuss on the phone. In the meantime I'm worried that we could breach the TPO if the woodland management scheme has expired and we continue with the approved works.

I don't think I can see the link, could you possibly re-post?

Also, it’s very sad that the first thing talked about is a fine if someone doesn’t do something. There is a lack of knowledge about woodland management: it is always ongoing. We have woods all around us. They are well maintained by owners. It’s best to work with people and not get into fining them so they have even less money. We all want preserved woodland but mentioning fines is unhelpful.

@Kelta So why did you need pp? We have woodland we manage. Never had pp. We just do what we need to do and so do our neighbours. We are AONB. I’ll find the link.

@Kelta This is what I found. However it’s about managing a wood with TPOs.

This is also this.

Oops! This

Because all of the trees are under a TPO

Ah. So the first guidance is relevant. Plus the woodland one too. However I would not worry too much. I assume you did a management plan for pp. You might ask yourself who is checking what you have and have not done? What was happening before you bought the wood? Everyone is better off with the work you are doing and if it has overrun, does it matter? Did you get advice from anyone when submitting your pp? How did you agree a maintenance plan? If anyone is bothered, they will contact you. Has anyone checked the work so far? Probably not. I would still ask the Woodland Trust for advice first. Or the FC if relevant.

EVERYONE will be checking what we do. The land is part of a much larger TPO area and the minute the chainsaw noise starts everyone is craning their necks to work out where its coming from..

This is partly due to neighbours who took down most of their woodland to build on (without permission) and got away with it.

But your woodland isn't subject to a TPO is it?

@Kelta I think you have the correct approach. A TPO covering a wooded area is the same as any other TPO.
It's a shame that the Council doesn't have a tree officer at the moment. I think you probably do need to contact the planning department and ask how they want to proceed. If you are likely to be reported as soon as you start work, it would be easier to get in first!

The OP HAS started the work. It’s just taking longer than anticipated.

Yes I meant before they start the next batch of work.