Introduction
If you want to work on any tree or group of trees, you must check if a Tree Preservation Order (TPO) applies. This legal order protects individual trees and woodland from being cut down, removed, damaged or destroyed. You can apply for permission to carry out these works yourself or your local council may make an application on your behalf.
A TPO is a legal order that protects individual trees and woodland from being cut down, removed, damaged or destroyed.
The Tree Preservation Orders (TPOs) are legal orders that protect individual trees and woodland from being cut down, removed, damaged or destroyed.
They exist to conserve the character of a conservation area and avoid the loss of its special character, which can result from development. It is an offence to contravene a TPO without planning permission.
Planning permission is required for works affecting trees in conservation areas. There are exceptions to this, including removing dead or dangerous trees. However, you will need to apply for permission from your local council before carrying out any works on trees that a TPO protects.
TPOs can be applied to any tree or group of trees that has the potential to make a significant contribution to the landscape or local environment. It does not matter what kind of tree it is – except for hedgerows – and you don’t have to own the land on which it grows.
A tree protection order (TPO) can be applied to any tree or group of trees that has the potential to make a significant contribution to the landscape or local environment. It does not matter what kind of tree it is – except for hedgerows – and you don’t have to own the land on which it grows to be affected by the TPO.
TPOs are designed to protect our valuable trees from unnecessary felling. They apply across England and Wales, protecting all species from being unnecessarily removed as long as they meet certain qualifying criteria, such as being an outstanding feature in their local area, having historic value or simply being notable for their size and age.
Councils have a legal duty to protect important trees and woodland in their area by making TPOs. They have discretion over whether to grant permission for works such as tree removal and pruning.
Tree preservation orders protect trees and woodland with a special historic, ecological, social or landscape value. They’re particularly important in urban areas where they can help maintain biodiversity and prevent flooding by preventing substantial damage to trees during development works.
Councils have a legal duty to protect important trees and woodland in their area by making TPOs. They have discretion over granting permission for works such as tree removal and pruning. In most cases planning permission is required for any works which would affect the character of an area protected under a TPO (such as felling or pollarding).TPOs were introduced in the Town and Country Planning Act of 1990. They were updated in 2007 by the Natural Environment and Rural Communities Act 2006 (NERCA). The purpose of TPOs is to ensure the protection of certain trees that have special historical, ecological, social or landscape value.
A TPO gives extra protection to trees over and above the ‘conservation area designation’, which only covers ‘groups of trees’ (5 or more) when they are in an urban setting (ie close to where people live)
TPOs are unique to the UK. They are a legal order that protects individual trees and woodland from being cut down, removed, damaged or destroyed without permission. In addition to this protection, they can also be applied to any tree or group of trees that have the potential to make a significant contribution to the landscape or local environment.
However, unlike conservation areas which refer only to groups of five or more trees (or, in some cases, shrubs), TPOs can be applied at any time during or after development works have been approved, and work has commenced on site – even if you’re only clearing one tree!
A Tree Protection Order (TPO) is a legal order that protects individual trees and woodland from being cut down, removed, damaged or destroyed.
TPOs can be applied to any tree or group of trees that have the potential to make a significant contribution to the landscape or local environment.
You run a much higher risk of prosecution for breaches of a TPO than if you were working on trees in a conservation area.
The local council enforces TPOs. The local council will bring a prosecution against you if they believe you are breaking the terms of your TPO, but it’s up to them whether or not they do this. When there is a breach of a TPO, the council will generally send you a letter asking for an explanation about why your work was carried out without permission. If you don’t respond or provide an acceptable reason for the breach, then they may take further steps, including prosecuting you in court.
However, even if there isn’t any evidence of any breaches by yourself (e.g., because someone else has done something on your behalf), but because there has been some sort of damage caused to trees due to work carried out in relation to land that is covered by an existing tree protection order (TPO), then it might also be possible that officers from both organisations could decide that criminal proceedings should still be brought against individuals involved – including those living outside their area!
Conclusion
We hope that we have given you a good overview of TPOs and their relevance to your trees. If you have any further questions, or if you need advice on how to apply for one, please get in touch with us at info@icelabz.co.uk.
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