Tree Preservation Orders and Conservation Areas: A Comprehensive Guide to Protecting Trees in England

Tree Preservation Orders and conservation area protection is used to protect trees that contribute to the amenity value of an area. Tree Preservation Orders (TPO) are used to protect specific trees, groups of trees or woodlands, while trees in conservation areas are protected by special rules that apply to the areas in which they are located.

Understanding Tree Preservation Orders: Regulations, Prohibitions, and Conditions EXPLAINED

The law on Tree Preservation Orders is covered in Part VIII of the Town and Country Planning Act 1990 and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. A TPO is an order made by a local planning authority to protect trees in the interests of amenity. It prohibits the cutting down, topping, lopping, uprooting, wilful damage, wilful destruction or cutting roots of trees without the local planning authority's written consent. If consent is given, it may be subject to conditions that must be followed. Owners of protected trees must not carry out or permit the carrying out of any of the prohibited activities without the written consent of the local authority.

Criteria, Initiation, and Planning Permission Obligations

When deciding whether an Order is appropriate, authorities take into account the meaning of 'amenity' and how it is assessed, what 'expedient' means in practice, what trees can be protected and how they can be identified. Local planning authorities can initiate the process of making a TPO or respond to a request made by any other party. When granting planning permission, authorities have a duty to ensure, whenever appropriate, that planning conditions are used to provide for tree preservation and planting. Orders should be made in respect of trees where it appears necessary in connection with the grant of permission.

Owners of protected trees are responsible for maintaining their trees, but the local planning authority cannot require maintenance work to be done to a tree just because it is protected. However, the authority can encourage good tree management, particularly when determining applications for consent under a TPO. Arboricultural advice from competent contractors and consultants, or the authority, will help to inform tree owners of their responsibilities and options. It is important that trees are inspected regularly and necessary maintenance carried out to ensure they remain safe and healthy.

When a Tree Preservation Order is made, the local planning authority is required to inform anyone with an interest in the land, including the owner of the trees, that the Order has been made. The public has the opportunity to comment on newly made TPOs. The authority will consider any comments received before deciding whether to confirm the Order.

Tree Protection and Conservation Laws: What You Need to Know

A TPO can be varied or revoked by the local planning authority if they are satisfied that it is no longer necessary to protect the trees or woodland covered by the Order. If an owner wishes to carry out work on a tree protected by a TPO, they must make an application to the local planning authority. If the application is refused, they can appeal against the decision. In certain circumstances, compensation may be payable if the refusal to consent to work causes a loss or damage.

Trees in conservation areas are protected by special rules that apply to the areas in which they are located. Anyone proposing to carry out work on a tree in a conservation area is required to give written notice to the local planning authority. This notice must be given six weeks before the work is due to start. During this six-week period, the authority will decide whether to make a TPO on the tree. If a TPO is made, the proposed work will require the authority's written consent.

Enforcement action can be taken against anyone who carries out work on a protected tree without the necessary consent. If a protected tree is lost or destroyed, it may be necessary to replace it. The local planning authority can require the replacement of protected trees, and conditions can be attached to the consent to ensure that the new trees are of appropriate size and species.

As a consultant offering professional tree assessment services, I have extensive knowledge of the regulations and laws governing Tree Preservation Orders (TPOs). With my expertise, I can assist property owners, developers, and local planning authorities in understanding the intricacies of TPOs and how they can affect their projects. If you are looking for a reliable and experienced consultant to help you navigate the complexities of TPOs and avoid potential legal issues, please do not hesitate to get in touch.