Tree enforcement policy appendices

Jump to:

Appendix 1 - Pro-forma letter inviting suspect to interview under caution
Appendix 2 - Pro-forma letter regarding formal caution
Appendix 3 - Pro-forma formal caution (preliminary) (to be sent with above letter)
Appendix 4 - Pro-forma caution
Appendix 5 - Pro-forma Temporary Stop Notice

Appendix 1 - Pro-forma letter inviting suspect to interview under caution

Dear __________

TOWN & COUNTRY PLANNING ACT 1990; SECTION 210
BREACH OF TREE PROTECTION LEGISLATION

As you will be aware, the Council is investigating a breach of the tree protection legislation which occurred at ___________ on _________________.

In connection with this investigation, the Council would like to invite you to a formal interview under caution at the Council offices. The caution states: 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be taken in evidence'. The reason for the interview under caution is that the Council suspects that an offence has been committed, and before any questions are put to you about your involvement or suspected involvement in that offence, the caution should be given so that your answers or silence may be given in Court in evidence.

If you attend the interview then I would advise that you are not under arrest and would be able to leave at any time. Legal representation is allowed during the interview. Alternatively, if at any time you wish to contact your solicitor to seek legal advice during the interview then you are free to do so. Additionally, a copy of the codes of practice would be available for you to consult.

I would be grateful if you could contact me by telephone on the above number and advise whether or not you are willing to attend the formal interview and if so whether or not you will be legally represented. If you do not attend but choose to reply by letter, I would advise that your reply would be considered admissible as evidence since you have been advised of the caution. I would further advise that it is Council Policy to always seek to recover its enforcement costs.

I look forward to hearing from you in the near future.

Yours sincerely,
Arboricultural Officer

Appendix 2 - Pro-forma letter regarding formal caution

Dear ________

TOWN & COUNTRY PLANNING ACT 1990; SECTION 210
BREACH OF TREE PROTECTION LEGISLATION

I am writing with regard to the breach of the tree protection legislation which occurred at _________ on ____________.

Under the circumstances, the Council is prepared to deal with the matter by issuing a formal caution. As discussed, this will require you to admit to the offence in question. The caution will remain on your file and should you be found guilty of a similar offence in court, the formal caution will be brought to the attention of the court and will be taken into account when the penalty imposed on you is decided upon. It may also be taken into account in the future when the Council decides whether or not to prosecute if you commit a similar offence.

I am enclosing a Preliminary Formal Caution form, which must be completed and returned to me, indicating that you admit to committing the offence and are willing to accept the formal caution.

You will then be required to attend the Council offices to receive the formal caution. I have provisionally booked _________________. If this date/time is not convenient, please contact me as soon as possible to arrange an alternative appointment.

I must advise you that if you do not agree to being formally cautioned, the Council will be obliged to re-consider the matter. This could result in the institution of a prosecution.

You are welcome to be legally represented on this occasion or a friend may accompany you if you wish. If you have any queries at this stage, please do not hesitate to contact me.

Yours sincerely,
Arboricultural Officer

Appendix 3 - Pro-forma formal caution (preliminary)
(to be sent with above letter)

FORMAL CAUTION (PRELIMINARY)

I, _____________ of ______________ hereby admit I have committed the following offence:

Breach of the Tree Protection Legislation: Section 210 of the Town & Country Planning Act 1990

Details:

The formal caution procedure has been explained to me and I am willing to accept a formal caution and for a record of that caution to be kept on file by Woking Borough Council.

I understand that if I commit a further offence this caution may influence the Council's decision on whether or not to prosecute me. I also understand that this caution may be cited in any future criminal proceedings should I be found guilty of a similar offence.

I undertake to co-operate fully with Woking Borough Council in administering a formal caution to me.

Signed________________

Name (Block Capitals)________________

Date_______________

Appendix 4 - Pro-forma caution

FORMAL CAUTION

Mr/Ms _____________ of ______________

have agreed to be formally cautioned and accordingly I FORMALLY CAUTION you that I am satisfied that you have committed the following offence which you have admitted, namely:

Breach of the Tree Protection Legislation: Section 210 of the Town & Country Planning Act 1990

Details:

A record of this caution will beheld by the Council and may be used in future proceedings against you if you commit further offences.

This caution was administered by me, __________________ of Woking Borough Council this __ day of ______ 200_.

Signed______________

This caution was received by me, Mr/Ms_______________ of ________________ this___ day of_________ 200_.

Signed______________

The giving of this caution was witnessed by me ________________________ of Woking Borough Council this___ day of _______ 200_.

Signed______________

Appendix 5 - Pro-forma Temporary Stop Notice

IMPORTANT - THIS COMMUNICATION AFFECTS YOUR PROPERTY

TOWN AND COUNTRY PLANNING ACT 1990
(As amended by the Planning and Compensation Act 1991
and the Planning and Compulsory Purchase Act 2004)

TEMPORARY STOP NOTICE

SERVED BY: WOKING BOROUGH COUNCIL herein after referred to as "the Council".

To: [name of intended recipient of the notice]

On [date], the Council has issued this temporary stop notice alleging that there has been a breach of planning control on the land described in paragraph 4 below.
This temporary stop notice is issued by the Council, in exercise of their power in section171E of the 1990 Act, because they think that it is expedient that the activity specified in this notice should cease on the land described in paragraph 4 below. The Council now prohibits the carrying out of the activity specified in this notice. Important additional information is given in the Annex to this notice.
THE REASONS FOR ISSUING THIS NOTICE
[Briefly specify the reasons why the temporary stop notice has been issued. There is no requirement to outline specific policies from the Local Plan.]
THE LAND TO WHICH THIS NOTICE RELATES
Land at [address of land, or description of relevant part of the land to which the temporary stop notice relates], shown edged red on the attached plan.
THE ACTIVITY TO WHICH THIS NOTICE RELATES
[Specify the activity required by the temporary stop notice to cease, and any activity carried out as part of that activity, or associated with it.]
WHAT YOU ARE REQUIRED TO DO
Cease all the activity specified in this notice.
WHEN THIS NOTICE TAKES EFFECT

This notice takes effect on [date] when all the activity specified in this notice shall cease. This notice will cease to have effect on [date 28 days after it takes effect].

Dated: [date of notice]

Signed: [Council's authorised officer]

On behalf of:
WOKING BOROUCH COUNCIL
CIVIC OFFICES
GLOUCESTER SQUARE
WOKING
SURREY
GU21 6YL

Nominated Officer: Arboricultural Officer

Telephone Number: 01483 743419

ANNEX

WARNING

THIS NOTICE TAKES EFFECT ON THE DATE SPECIFIED IN PARAGRAPH 7.

THERE IS NO RIGHT OF APPEAL TO THE
FIRST SECRETARY OF STATE AGAINST THIS NOTICE.

It is an offence to contravene a temporary stop notice after a site notice has been displayed or the temporary stop notice has been served on you. (Section 171G of the 1990 Act). If you then fail to comply with the temporary stop notice you will be at risk of immediate prosecution in the Magistrates' Court, for which the maximum penalty is £20,000 on summary conviction for a first offence and for any subsequent offence. The fine on conviction on indictment is unlimited. If you are in any doubt about what this notice requires you to do, you should get in touch immediately with [Council's nominated officer to deal with enquiries, address and telephone number].

If you need independent advice about this notice, you are advised to contact urgently a lawyer, planning consultant or other professional adviser specialising in planning matters. If you wish to contest the validity of the notice, you may only do so by an application to the High Court for judicial review.