What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is made by the local planning authority with the aim of protecting specific trees or groups of trees. This can be due to a number of factors including their location, their amenity value or the fact they are a rare or particularly good specimen.
If a tree is subject to a TPO, all works such as removal, topping, lopping, uprooting or any wilful damage or destruction are prohibited without the planning authority’s written consent.
There have been occasions in which a TPO has been applied to a tree that does not fit the criteria laid out. Therefore, an argument for the removal of the tree can be presented. However, upon receipt of written consent to carry out works on a tree, this may be subject to conditions which must still be adhered to.
Alternatively, if a tree is located in an obstructive location on a development site, arguments can be made for the removal of the tree which will need to be made by an expert in the field of arboriculture or horticulture.
A TPO is a legal order, as can be seen in PV111 of the Town and Country Planning Act 1990. Further details can also be found in the Town and Country Planning (Tree Preservation)(England) Regulations 2012, Section 192 of the Planning Act 2008 and Part 6 of the Localism Act 2011 amended section 210 of the Town and Country Planning Act 1990.
What we do.
We can conduct Tree Preservation Order applications, searches and appeals on your behalf. Upon your initial contact, our expert consultants will be able to provide you with any advice you may need and provide you with a quote for the works. You will be required to provide us with information regarding the tree, including the location and any planned activities that affect it. We may request that our consultant comes out and inspects the tree in order to get all of the details required for the application, search or appeal.
Upon receipt of all of the information regarding the tree and any intended developments, our expert consultants will consider whether an argument will be required and how that argument will be framed. This will be done in discussion with yourselves to ensure that all requirements are included and that the argument made is completely in line with the developments intended.
The TPO application, search or appeal will then be put together on your behalf and submitted to the local planning authority. Upon submission to the planning authority, the process can take 6 weeks or more.
Once we receive a response, we will report directly back to yourselves – providing you with a copy of the written permissions along with any stipulations that have been made so that you can feed this back to your own client and incorporate it into your own documentation.