Tree Preservation Orders (TPOs) There are over 560 separate TPOs within our boundaries covering individual trees, groups of trees, 'areas' and woodlands. In deciding whether work to a tree or branch is urgently necessary because it presents an immediate risk of serious harm, the Secretary of States view is that there must be a present serious safety risk. 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. The authority may decide to notify other people, groups, authorities and organisations (such as parish councils and the Forestry Commission). Paragraph: 139 Reference ID: 36-139-20140306. This act . decide not to make an Order and allow the 6-week notice period to end, after which the proposed work may be done within 2 years of the date of the notice. For example, it is unlikely to be necessary to make an Order in respect of trees which are under good arboricultural or silvicultural management. In addition, trees and saplings which grow naturally or are planted within the woodland area after the Order is made are also protected by the Order. The authority should give its decision in writing, setting out its reasons. It means that if the certain trees protected by the order is cut down or removed, it's an offence. A Tree Preservation Order or 'TPO' is used to protect single trees or groups of trees of importance. The authoritys consent is not required for carrying out work on trees protected by an Order if that work is urgently necessary for national security purposes. The standard form of Order provides examples of how information should be recorded in a schedule. There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. Paragraph: 097 Reference ID: 36-097-20140306. This will help to maintain and enhance the amenity provided by protected trees. Where a dead tree not covered by the woodland classification is removed, the landowner has a duty to plant a replacement tree. The authority must make a formal note of its final decision by endorsing the Order and recording the date. Paragraph: 085 Reference ID: 36-085-20140306. Part of: Planning guidance for the public First published: 15 November 2013 If it is not done following the correct preservation standards and guidelines, it can cause further implications which cause the tree to re-grow. Paragraph: 079 Reference ID: 36-079-20140306. They should consider first discussing their ideas with an arboriculturist or the authoritys tree officer. You can check to see if a property or area of land has a Tree Preservation Order on it, or if it is located within a Conservation Area, by looking at the council website or by contacting the local council (usually the planning department). The validity of the Secretary of States appeal decision can only be challenged through an application to the High Court. Public visibility alone will not be sufficient to warrant an Order. It is sufficient to find that, by virtue of the state of a tree, its size, its position and such effect as any of those factors have, the tree presents an immediate risk of serious harm that must be dealt with urgently. be accompanied, as applicable, by appropriate evidence describing any structural damage to property or in relation to tree health or safety. 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. The local planning authority should consider including in the notice: Paragraph: 160 Reference ID: 36-160-20140306. Dead trees and branches can provide very valuable habitats for plants and wildlife, which may also be protected under other legislation. So anyone who engages a person or company that physically carries out unauthorised work may also be subject to enforcement action. This need not be limited to that brought about by disease or damage to the tree. Paragraph: 020 Reference ID: 36-020-20140306. If you are having problems viewing the map, you can open the map directly here. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 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. Authorities must use the procedures set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 to vary or revoke any of their Orders. If a tree is removed unprofessionally and illegally it can cause issues, a common issue we see if that the roots have been left in and then it has started growing again. Paragraph: 096 Reference ID: 36-096-20140306. The authority is responsible for determining applications it makes to itself. People can apply for a tree protection order in surrounding areas if they feel that the area is at risk. Local planning authorities can make a Tree Preservation Order if it appears to them to be expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area. Paragraph: 032 Reference ID: 36-032-20140306, Paragraph: 033 Reference ID: 36-033-20140306. Authorities and claimants are encouraged to try to reach an agreement. endorse the variation Order, recording its decision not to confirm the variation order, including the date of the decision; notify the people who were affected by the variation order of its decision; and. When you know of a conservation order on trees and are unsure why it is there, then you could ask your local council. The authority must make a copy of the variation order available for public inspection. A tree preservation order (TPO) is placed if the council decides that a tree has a high aesthetic value. Authorities should consider publicising successful prosecutions to help maximise their deterrent value. A section 211 notice should be acknowledged, although the authority should first consider whether the proposed work is exempt from the requirement to give this notice or requires a felling licence. However, both the authority and the appellant can apply for some or all of their appeal costs. Zoom in to the map to see where TPOs are in place. 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. the impact on amenity of the removal of trees, and whether it would be in the interests of amenity (and, in woodlands, in accordance with the practice of good forestry) to require their replacement; whether it would be reasonable to serve a tree replacement notice in the circumstances of the case; and. This six-week period is to give us time to consider if the tree should be . The authority may wish to attach to its decision notice advice and information (sometimes known as an informative) relating to the decision. Authorities may either protect all trees within an area defined on the Orders map or only those species which it is expedient to protect in the interests of amenity. A section 211 notice is not, and should not be treated as, an application for consent under an Order. Whichever appeal procedure is used, the Inspector will consider: Paragraph: 103 Reference ID: 36-103-20140306. Authorities may make Orders relating to Crown land without the consent of the appropriate Crown body (known as the appropriate authority). Whether or not they make an Order, authorities can consider encouraging landowners to bring their woodlands into proper management under the grant schemes run by the Forestry Commission. A tree owner may use an unused and unexpired consent obtained by a former owner. The authority must serve a copy of the variation Order on such people along with a statement explaining the effect of the variation. An authority dealing with an application relating to woodland must grant consent so far as accords with good forestry practice unless it is satisfied that the granting of consent would fail to secure the maintenance of the special character of the woodland or the woodland character of the area. be fair and reasonable in the circumstances of each case; be imposed only where there is a definite need for it; and. We use TPOs to protect trees that have a significant visual impact on the environment, including individual trees, groups of trees, and those in defined . 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. It's recommended you speak to a professional like a tree surgeon or arboricultural consultant. Paragraph: 126 Reference ID: 36-126-20140306. The area category is one way of protecting individual trees dispersed over an area. You can view information relating to a specific TPO by clicking on the areas or trees marked. A potential applicant or their agent may wish to first discuss the proposal informally with the authority. If it is done professionally, they will be able to make sure that a thorough job is completed to a high standard. Paragraph: 027 Reference ID: 36-027-20140306. Replacement trees planted under a condition rather than because of an obligation under section 206 of the Town and Country Planning Act 1990 are not automatically protected by the original Order. When considering protecting trees in churchyards authorities are advised to liaise with the relevant diocese. The local planning authority is not required to obtain the prior consent of the appropriate authority before serving a tree replacement notice on a Crown body. Protected and Dangerous Trees. Paragraph: 040 Reference ID: 36-040-20140306. Reassessing Orders helps to ensure that protection is still merited and Orders contain appropriate classifications. If the tree or woodland you want to work on is in a Conservation Area then you also need to apply for consent using the sameapplication for tree works subject to a TPO (179kb PDF)External link opens in a new window. Paragraph: 048 Reference ID: 36-048-20140306, Flowchart 2 shows the decision-making process for varying or revoking Orders, Paragraph: 049 Reference ID: 36-049-20140306. Another example is government authorities requiring the destruction of particular trees to tackle a serious plant disease. These exemptions do not apply in circumstances where a tree has more than one stem at a point 1.5 metres above the natural ground level if any stem when measured over its bark at that point exceeds the relevant minimum. Negotiation may enable the authority to ensure that remedial works to repair, or reduce the impact of, unauthorised works to a protected tree are carried out. But the place should at least correspond with the original position described in the Order and shown on the map. do nothing but only if justified by the particular circumstances; consider the option of issuing an informal warning to impress on the tree owner or others suspected of unauthorised works that such work may lead to prosecution; the tree was protected by an Order at the relevant time, or was in a conservation area; an action which is an offence under section 210 of the Town and Country Planning Act 1990 has been carried out; and. Paragraph: 029 Reference ID: 36-029-20140306. However, if the authority believes that some loss or damage is foreseeable, it should not grant consent automatically. Local planning authorities are encouraged to liaise with the Forestry Commission when considering making a Tree Preservation Order on land in which the Forestry Commission has an interest. In such cases the authority should make the scope, timing and limit of the work clear. Online map showing which trees have Tree Preservation Orders (opens in new window) Pruning or felling a protected tree can result in prosecution. This map is provided for indicative purposes only and should not be used for identification of land ownership. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Paragraph: 030 Reference ID: 36-030-20140306. It may be expedient to make an Order if the authority believes there is a risk of trees being felled, pruned or damaged in ways which would have a significant impact on the amenity of the area.

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