It may: While bearing in mind the 6-week notice period, the authority should allow sufficient time for it to receive objections to the work. Tree Works Checklist. You might find some of our campaigning resources useful. It must endorse the original Order with a statement that it has been varied and specifying the date on which the variation order takes effect. Paragraph: 028 Reference ID: 36-028-20140306. A tree that is granted a TPO is usually one that is situated in a public space and is considered to be significantly historic, hold a certain amenity value, or is an important part of the eco-system. Reading it back I sound like a right cock. It can also consider some form of publicity. Paragraph: 044 Reference ID: 36-044-20140306. Anyone found guilty in the magistrates court of an offence under section 210(4) is liable to a fine of up to Level 4 (currently 2,500). the defendant has carried out, caused or permitted this work. Check if your property is within a conservation area. The Exposure Zenith MK2 is designed primarily as a helmet mounted light (which is how I tested it) but you can mount it on handlebars too. They should demonstrate that the proposal is a proportionate solution to their concerns and meets the requirements of sound arboriculture. In the event of the Council not doing either of the above . This could be argued as reason for removal on safety grounds. You have accepted additional cookies. Tree Preservation Orders (TPO) These orders are made and managed by local authorities. A copy of the Order will also be made available for public inspection. Its an order to preserve or to protect a tree. No there are actually 4 types of Tree Preservation Order: The good news is that owning a tree subject to a Tree Preservation Order doesnt mean you can never work on it you just need to apply for permission from your local planning authority 8 weeks in advance. Some conifers dont take kindly to that. If the authority did not visit the site before the application was made then an officer should do so at this stage. You can be fined 20,000 if you destroy a tree with a TPO. Also, in some cases, accidental destruction of a protected tree is not an offence. For all other areas of Cumbria, pop your postcode in the Government website and itll direct you to your local TPO map finder. Carlisle city council takes 6 weeks to consider and make a decision. Paragraph: 062 Reference ID: 36-062-20140306. An Order comes into effect on the day the authority makes it. While the aim of a TPO is to protect the amenity value which a tree offers, there are clear environmental benefits too, so it's a useful tool for protecting your local environment. The main reason a TPO could be removed is usually because the original order was incorrect, and if this is the case, a new order will be required. The authority should clearly mark the application with the date of receipt. It makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy protected trees without prior written consent from your local authority. Applicants (or their agents) must make any appeal in writing by notice to the Planning Inspectorate. Paragraph: 031 Reference ID: 36-031-20140306. 2. It is expected that all vegetation control is carried out in accordance with best arboricultural practice. Can you challenge a TPO? It should explain why the authority is exercising the duty and what the landowner must do to comply with it. If it has not received all the relevant documents and information the authority should declare the application invalid, decline to determine it and inform the applicant of their decision. There are further exceptions relating to trees growing in a conservation area that are not subject to an Order. In the "Explain whats wrong" box, type the species of the tree and provide the reasons why youre seeking protection. Local planning authorities should consider publishing tree protection enforcement policies and having clear written procedures to deal with cases. The Order must also include, or have annexed to it, a map giving a clear indication of the position of the protected trees, groups of trees or woodlands. Paragraph: 149 Reference ID: 36-149-20140306. It is essential that an application sets out clearly what work is proposed. Trees that are subject to a preservation order cannot be felled unless the owner applies for planning permission to the local authority. Paragraph: 045 Reference ID: 36-045-20140306. To report a fallen tree, call us on 020 8937 5050. Trees in a conservation area that are already protected by a Tree Preservation Order are subject to the normal procedures and controls for any tree covered by such an Order. TPOs were (are? It is not a charge on any other land. The same duty applies if a tree in a conservation area is removed because it is dead or presents an immediate risk of serious harm. Paragraph: 068 Reference ID: 36-068-20140306. Talk to them. It may be possible to bring a separate action for each tree cut down or damaged. He wanted to reaffirm its importance. Please note that protected trees on . See guidance on tree size in conservation areas. A notice must include the date it is submitted. a notice (a Regulation 5 notice) containing specified information. The most effective way to defeat them is to use their own tactics against them and start costing them money [see Sun Tzu's The Art of War]. A TPO doesnt mean you cant touch the tree. These should specifically address each of the applicants reasons for making the application. Authorities should liaise with the Forestry Commission if they believe there has been a contravention of the felling licence provisions of the Forestry Act 1967. As far as the council is concerned subsidence risk isnt enough to remove the tree until i have actual damage. In addition, any species, size or age of tree can be protected by a TPO, as long as it meets the criteria set . Sponsor a tree scheme This scheme allows you to pay for a tree to be planted on the public highway. The tree, on the other hand, can be trimmed only if it is to maintain its health or if the trimming has no effect on growth. Paragraph: 154 Reference ID: 36-154-20140306. In Carlisle, you can check on the government websites map here enter in your postcode and it will show all the TPOs, amongst other thing nearby. In the Secretary of States view, cutting roots is also a prohibited activity and requires the authoritys consent. TPOs prohibit the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of trees without the council's consent. A Tree Preservation Order (TPO) gives legal protection to an individual tree, group of trees, area or woodland. Tree Protection orders how to override? Authorities can confirm Orders, either without modification or with modification, to provide long-term tree protection. 01/06/2018 21:11. In these areas the county council may only make an Order: Paragraph: 006 Reference ID: 36-006-20140306. It prevents us, next door and any other immediate neighbours from doing anything to it, including routine pruning (unless you get special permission). Damage or destruction, as well as root cutting. Massive dose of weedkiller/acid/something else horribly toxic around the roots. You can still be fined up to 2,500 if you work on a tree without permission and damage it (but dont destroy it). The authority may use conditions or informatives attached to the permission to clarify this requirement. The requirements an authority must meet when varying an Order will depend on whether or not additional trees will be protected. How to protect trees: a guide to Tree Preservation Orders, trees improve the wellbeing of people and planet, our briefing, "Protecting trees, woodlands and hedgerows: a practical guide", search the government's open data website, "Protecting trees, woodlands and hedgerows: a practical guide", over 100 trees caused by a developers error. It's better to secure protection while trees are healthy and under no threat of removal, and you can do this with a Tree Preservation Order. If trees are facing an immediate threat, you may want to stress that the proposed timescale of works will interfere with hibernation and food sources at a time of greatest need. These orders can be placed on an individual tree, a group of trees, an area or a woodland. There is, however, a right of appeal to the Secretary of State following an application to carry out work on trees protected by an Order that is refused, granted subject to conditions, or not determined. The locations of sites that have a Tree Preservation Order (TPO) in place are now available on our GIS mapping system. the cutting down, topping, lopping or uprooting of a tree by, or on behalf of, the authority; the cutting down, topping, lopping or uprooting of a tree by or on behalf of the, cuts down, uproots or wilfully destroys a tree; or, tops, lops or wilfully damages a tree in a way that is likely to destroy it; or. It may not be necessary (or practical) for the replacement tree to be planted in the exact position of the original tree. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. If a tree is not planted within the period specified in the notice the authority may extend the period for compliance with the notice. However, both the authority and the appellant can apply for some or all of their appeal costs. The council is the only way to remove it. The authoritys main consideration should be the amenity value of the tree. This latest MK2 version Shimano SPD Cleats SH51 MTB SPD - Single Release, Shimano SPD Cleats SM-SH56 - Multi Release, Cheaper Things Tuesday: Discounted E-Bikes Edition, This topic has 34 replies, 25 voices, and was last updated. Beyond the politics of TPOs and buying a house with one and doing the research afterwards. In addition, the authority must make available a copy of the Order at its offices. The question that pops up in my head is this. When a TPO is made interested parties have 28 days in which to object, likewise if you apply to fell or prune a protected tree and are refused you can appeal to the planning inspectorate. To carry out pruning of live growth of any Tree Preservation Order Tree an application must be made at Tree preservation. Authorities can revoke an Order and at the same time make a new Order or new Orders to take its place. Where a Tree Preservation Order (TPO) is made, under Section 198 of the Town & Country Planning Act 199. You can get together with neighbours, or see if there's a Friends of the Earth local action group nearby who can support you. Friends of the Earth environmental award. This protection was previously afforded under the Planning. Paragraph: 088 Reference ID: 36-088-20140306. Consequently: Paragraph: 004 Reference ID: 36-004-20140306. Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary. It is unlikely to be appropriate to use the woodland classification in gardens. This notice period gives the authority an opportunity to consider whether to make an Order on the tree. The area category is one way of protecting individual trees dispersed over an area. Paragraph: 097 Reference ID: 36-097-20140306. However, is it possible to carry out work on a tree that has a tree preservation order, you must just get approval first from the local council before any work commences. Anyone wanting to cut down, top, lop or uproot trees subject to an Order must first apply to the local planning authority for its consent unless the proposed work is exempt through an exception. Paragraph: 067 Reference ID: 36-067-20140306. By default, consent is valid for 2 years beginning with the date of its grant. They are liable, if convicted in the Magistrates Court, to a Level 3 fine (currently up to 1,000). Well send you a link to a feedback form. Any proposed development would have to consider trees with TPOs as part of the project works, which ensures the public are fully aware of any threats to trees as part of the consultation process. if the tree is sick or dying, or you have other concerns about the tree, we recommend bringing in a qualified arborist to inspect and analyse your TPO tree and discuss the best course of action. The woodland category should not hinder beneficial woodland management. Five days notice must be given to the council of any works to a tree that . The UK Forestry Standard and its supporting guidelines define the governments standards and requirements. a copy of the Order (including the map); and. The local planning authority has powers only to enforce the duty to plant one tree to replace one other. Request a new Tree Preservation Order. The Crown must give 6 weeks notice for works to trees in a conservation area, unless an exception applies or the local planning authority has given consent. TPO requests are easy to send. Flowchart 3 shows the process for applications to carry out work to protected trees. It is important that the information on the form makes clear what the proposed work is and provides adequate information to support the case. She would like it reduced in size or preferably cut down. Yes. Along with certain salad items, electric mountain bikes are one of the more in-demand items in the United Kingdom currently. A lean doesnt necessarily make it unstable, trees are pretty good at balancing themselves. Paragraph: 017 Reference ID: 36-017-20140306. In certain circumstances, third parties may be able to apply for costs. Nor should the authority confirm an Order if it has made substantial changes to it, for example by changing an area classification to a woodland classification. The good news is there are several things you can do to protect and save the trees in your area that matter to you. When deciding whether an Order is appropriate, authorities are advised to take into consideration what amenity means in practice, what to take into account when assessing amenity value, what expedient means in practice, what trees can be protected and how they can be identified. The officer should also record other information that may be essential or helpful in the future. In either case it should promptly inform the person who gave the notice. Unless work is urgently necessary because there is an immediate risk of serious harm, 5 working days prior written notice must be given to the authority before cutting down or carrying out other work on a dead tree. My house is on clay sand, of an age and design known to be susceptible to subsidence. give a date by which representations have to be made. Protection orders are used to protect trees of a high amenity value or which have a significant impact on the environment. Dont try to remove the TPO if you want to do tree work. The Order will protect only those trees standing at the time it was made, so it may over time become difficult to be certain which trees are protected. Where an exception applies the authoritys consent to carry out works is not needed, but notice of those works may need to be given to the authority. The authoritys lawyers should be able to advise officers on how they should apply the codes in practice. To request a. This is particularly important where the authority grants consent for some of the operations in an application and refuses consent for others. Its a bloody minefield, hope you get some sort of resolution. But I didnt mean to sound like one. Anyone can request to get a TPO placed on a tree, and the reasons for are varied. But the authority and landowner may agree on planting, for example, one tree of a different species or two trees of a smaller species to replace one of a large species. Besides their value to the natural world, there are countless other ways in which trees improve the wellbeing of people and planet. Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). Paragraph: 070 Reference ID: 36-070-20140306. The authority can decide to confirm an Order in relation to some, but not all, of the trees originally specified in the Order it made. development under a planning permission has not been commenced within the relevant time limit (ie the permission has expired); only outline planning permission has been granted; and. Orchard Tree SurgeryUnit 2 Meadow WorksWarwick Mill Business ParkCarlisle, Cumbria CA4 8RLT | 01228 561745E | andrew@orchardtreesurgery.co.uk. Where the Order includes the area classification, although the position of every tree will not be shown, the authority is advised to specify replanting as near as is reasonably practical to the original trees position. If you continue to use this site we will assume that you are happy with it. Paragraph: 052 Reference ID: 36-052-20140306. The validity of an Order cannot be challenged in any legal proceedings except by way of application to the High Court on a point of law. . Special considerations apply in some of these circumstances. Paragraph: 086 Reference ID: 36-086-20140306. Lopping is the process of trimming tree branches in order to reduce and change the size of the tree. Standard practice round our way is to do it over a bank holiday. Paragraph: 039 Reference ID: 36-039-20140306. The group category should be used to protect groups of trees where the individual category would not be appropriate and the groups overall impact and quality merits protection. The authority should ensure that all notified parties are given at least 28 days from the date of the notice to submit their representations. Section 210 of the Town and Country Planning Act 1990 provides a clear structure for pursuing criminal enforcement action for unauthorised work. Paragraph: 057 Reference ID: 36-057-20140306. Trees that are exempt from TPOs are those that are dead, dying, diseased or dangerous and fruit trees grown for the commercial production of fruit. The authority should assess whether or not the proposed work is exempt from the requirement to obtain its consent. Paragraph: 030 Reference ID: 36-030-20140306. Before deciding whether to confirm an Order, the local authority must take into account all duly made objections and representations that have not been withdrawn. But as there's no guarantee that your local authority will do so, you could also request a TPO yourself. When considering whether to prosecute, the authority should have regard to the Code for Crown Prosecutors and its own enforcement and prosecution policies. To warrant a TPO, a tree should make a significant impact on its local surroundings. You can change your cookie settings at any time. Subject to provisions relating to forestry operations in protected woodland, an authority may be liable to pay compensation for loss or damage caused or incurred in consequence of it: Paragraph: 108 Reference ID: 36-108-20140306. It's very difficult to get protected trees unprotected status unless diseased. If the authority decides an application is invalid the applicant may have the right of appeal. Paragraph: 147 Reference ID: 36-147-20140306. Let us know how you get on! The authority should also be satisfied that removed trees within an area classification were present when the Tree Preservation Order was made. What gets me is nice old trees that IMO should be under a TPO get totally chopped down by the council all the time because theyre next to a road and theres a risk of something falling off in a storm. Paragraph: 073 Reference ID: 36-073-20140306. A section 211 notice does not have to be in any particular form. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. Paragraph: 131 Reference ID: 36-131-20140306. Buy a house and fail to notice a colossal tree in the garden?.. The exceptions allow removal of dead branches from a living tree without prior notice or consent. The purpose of a TPO is to protect . Enter your postcode or click "use my location" below it. An exception may exempt landowners or their agents from the normal requirement to seek the local planning authoritys consent before carrying out work on trees subject to an Order. A TPO (Tree Preservation Order) is a statutory protection afforded to trees under the Planning Act (Northern Ireland) 2011. Where an authority considers there has been a breach of planning control and immediate action is required to stop an activity endangering the amenity of the area, Section 171E of the Town and Country Planning Act 1990 enables the authority to issue a temporary stop notice. This may include: Paragraph: 022 Reference ID: 36-022-20140306. In addition, the authority may have to decide an application by a landowner asking it to dispense with the tree replacement duty. What is the advantages and disadvantages of food preservation? The local authority should make a formal variation order that identifies the Order being varied, the variations made and the date the variation order is made. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. Paragraph: 140 Reference ID: 36-140-20140306. The courts have held that this means the nuisance must be actionable in law where it is causing, or there is an immediate risk of it causing, actual damage. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. The local authority must, as soon as practicable after making an Order and before it is confirmed, serve persons interested in the land affected by the Order: The authority must also be able to prove that it has done this in one of a number of different ways. For example: Paragraph: 100 Reference ID: 36-100-20140306. It makes the felling, pruning, reducing, thinning or damaging in any way illegal. To bring a successful prosecution the authority should have sufficient evidence to show that: The elements of the offence must be proved beyond reasonable doubt. SO. What animal was used to transport goods through the Sahara Desert?, The discovery, also known as the Geiger-Marsden Experiments, involved a series of experiments conducted by Hans Geiger. Paragraph: 061 Reference ID: 36-061-20140306. Check for existing TPOs by going to find your nearest and enter your postcode. the cutting down or uprooting of a tree, whose diameter does not exceed 100 millimetres, for the sole purpose of improving the growth of other trees (eg thinning as part of forestry operations). However, the authoritys consent is not needed before pruning any tree cultivated for the production of fruit, as long as the work is carried out in accordance with good horticultural practice. Feeling unsafe and being unsafe arent the same thing and maybe thatd put her at ease having it checked out? Alternatively you can search the government's open data website. Applicants are advised not to submit their applications until they are in a position to present clear proposals. However, if the local planning authority believes, in the circumstances, that replacement trees should be planted, it should first try to persuade the landowner to comply with the duty voluntarily. It means you have to obtain written consent from the local authority, before carrying out any major work (including cutting down). Tree Management Order. How does the principle of osmosis apply in food preservation? Your TPO obligations Paragraph: 036 Reference ID: 36-036-20140306. Whichever appeal procedure is used, an application can be made for an award of costs on the grounds of another partys unreasonable behaviour which causes unnecessary expense. Authorities may authorise in writing their officers to enter land at a reasonable hour to ascertain whether an offence under section 210 or 211 has been committed if there are reasonable grounds for entering for this purpose. costs incurred in making an appeal to the Secretary of State against the refusal of any consent or the grant of consent subject to conditions. Objections to a new Tree Preservation Order can be made on any grounds. These factors alone would not warrant making an Order. Tree preservation orders unless youve come across one of these in your work or as a homeowner, its unlikely you know what they are. This could include felling, lopping, topping, uprooting or otherwise wilful damage. Paragraph: 157 Reference ID: 36-157-20140306. Trees provide psychological refreshment and a sense of well-being by softening the urban environment, so stress and illness levels are often lower when trees are planted. Tree Preservation Orders (or TPOs) are placed upon trees that have been assessed and identified as having 'amenity value'. Council is responsible for protecting trees with Tree Management Orders (TMOs). What is the advantages and disadvantages of food preservation? The International Union for the Conservation of Nature (IUCN) has evaluated over 400 native European tree species for their risk of extinction. Over hanging my house is not a problem. After following our advice, 150 trees were saved, with the remainder just coppiced. This would not normally include shrubs, but could include, for example, trees in a hedge or an old hedge which has become a line of trees of a reasonable height. Paragraph: 095 Reference ID: 36-095-20140306. In a Conservation Area, tree work can only be carried out if it involves cutting down, lopping, topping, or uprooting a tree with a diameter of less than 75mm or cutting down or uprooting a tree with a diameter of less than 100mm in order to improve the growth of another tree. To request a copy of a TPO, please use the planning file . Excludes Gift Memberships, Discount applies to first year. When an authority decides to refuse consent or grant consent subject to conditions its decision notice should clearly state what the decision is and the reasons for that decision. But the plan must identify clearly the tree or trees in question and, where appropriate, should identify main features of property affected by the application. Part 6 of the Localism Act 2011 amended section 210 of the Town and Country Planning Act 1990 concerning time limits for proceedings in regard to non-compliance with Tree Preservation Order regulations. The authority may ask the applicant about their legal interest in the tree and consult the trees owner. The woodland categorys purpose is to safeguard a woodland as a whole. It also prompted a major policy change by Network Rail regarding protection of trees and consultation. In such cases, compensation is not payable for any: Paragraph: 110 Reference ID: 36-110-20140306. It should state: Paragraph: 159 Reference ID: 36-159-20140306. Or just cut it down and face the consequences. It should also consider whether it is in the public interest to prosecute some or all of the individuals implicated in the offence. Tree preservation. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. It hitting my roof in high winds is a small inconvenience and, subject to planning aproval it will be cut back to two metres clear of my roof this fits their abatement of nuisance criteria so they need good reason to refuse, 2m is max they will permit on that basis. Tree preservation orders are rarely reversed and even when they are it can be a long process to get that order removed. Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area (if that tree is not already protected by an Order), or causes or permits such work, without giving a section 211 notice (or otherwise contravenes section 211 of the Town and Country Planning Act 1990) is guilty of an offence, unless an exception applies. Where there is evidence that protected species such as bats may be present and might be affected by the proposed work the applicant, their agent and the authority should have regard to the relevant legislation and guidance. The order would have been requested and approved in the first place for a reason, so consider that against why youre asking it to be removed before making the request. The authority has discretion whether to undertake wider notification and publicity if it considers this would be appropriate. Prior discussion with the applicant should help the authority to set a mutually acceptable condition that makes clear the number, size, species and location of the replacement trees and the period within which they are to be planted. give its reasons for each condition imposed; explain the applicants right to compensation for, how to carry out work in accordance with good practice, where to get independent specialist advice, the information available when the local planning authority made its original decision on the application for consent, the authoritys decision and supporting information in that decision. In these cases the authority should satisfy itself that the proposed works are appropriate for this type of consent and that the relevant evidence supports this. People should not submit a section 211 notice until they are in a position to present clear proposals. If an authority refuses consent for felling in protected woodland in the course of forestry operations: Advice may be sought from the Forestry Commission about the relevant provisions of the Forestry Act 1967. Trees, especially in towns and cities, are under constant threat from the pressures of development. Discretion whether to prosecute, the authority may use conditions or informatives attached the., in some cases, accidental destruction of a TPO public highway unless the owner applies Planning... Colossal tree in the future notice or consent branches from a living tree prior... Not doing either of the above tree should make a new Order or new to. Discount applies to first year Planning Inspectorate click `` use my location '' below.! Notice ( a Regulation 5 notice ) containing specified information a separate action for each tree down. Duty and what the proposed work is exempt from the local authority will do so, you could also a... Not subject to a feedback form tree Preservation Order tree an application sets clearly. Weedkiller/Acid/Something else horribly toxic around the roots as a whole are one of the above advice, trees. Growth of any works to a Preservation Order ( TPO ) in place are available... Things you can search the Government 's open data website individuals implicated in the Secretary of States,! The duty to plant one tree to be made at tree Preservation Order can not be unless... Meets the requirements an authority must meet when varying an Order comes into effect on the day the may... Planning authority has powers only to enforce the duty to plant one tree to appropriate... Checked out 8937 5050 further exceptions relating to trees growing in a position to clear! Is made to the local Planning authorities should consider publishing tree protection enforcement and! Application by a landowner asking it to dispense with the remainder just coppiced is invalid the may! Their risk of extinction applicant about their legal interest in the garden? not to submit their applications they... Parties are given at least 28 days from the date it is submitted the size of Order! Protection Orders are made and managed by local authorities one other Act 199 default, consent is valid 2... Are under constant threat from the pressures of development the species of the Town & ;! Mark the application was made then an officer should do so, could. Or with modification, to provide long-term tree protection planted on the tree scheme scheme! Consideration should be the amenity value of the tree replacement duty all of their appeal costs whats wrong box. Days notice must be given to the natural world, there are countless other in. 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Protecting individual trees dispersed over an area classification were present when the tree and provide the reasons why youre protection...: 36-036-20140306 when the tree and provide the reasons why youre seeking protection offence! Of dead branches from a living tree without prior notice or consent TPO. Section 211 notice does not have to be planted in the garden?: 022 Reference ID 36-022-20140306. I have actual damage in such cases, compensation is not a charge on any grounds amenity value which! Protect trees of a protected tree is not planted within the period for compliance the. Balancing themselves essential that an application by a landowner asking it to dispense with the date of receipt the to... Over 400 native European tree species for their risk of extinction make an Order and. The Planning Inspectorate to present clear proposals the authority may use conditions or informatives attached to the permission clarify... Protection enforcement policies and having clear written procedures to deal with cases anyone can request to protected! Trees that are subject to a tree a Regulation 5 notice ) containing specified information change by Network Rail protection!
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