Tree Preservation and Planning

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Tree Preservation Orders

What is it ?

-          A Tree Preservation Order is made by local planning authorities in England to protect specific trees or groups of trees / woodlands in the interest of amenity.

It prohibits

-          Cutting down

-          Topping

-          Lopping

-          Uprooting

-          Wilful damage

-          Wilful destruction

Of trees without local planning authority’s written consent

Tree Owners’ Responsibilities

Tree owners must not carry out or permit any of the prohibited activities to be carried out without written consent from the local planning authorities.

Owners of unprotected trees are responsible for the maintenance of their trees. They are not held back by statutory rules for how they should maintain the tree, there are no set standards.

Local authorities cannot require maintenance work to be done but can encourage good tree management, this can be seen when determining applications for consent under a Tree Preservation order

Relevant Laws

-          Part VIII of the Town and Country Planning Act 1990

-          Town and Country (Tree Preservation) Regulations 2012

-          Section 192 of the Planning Act 2008 – allowed transfer of provisions from within existing Tree Preservation Orders to regulations

-          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.

Who makes  tree preservation orders

Local planning authorities – ‘expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area’

Authorities can initiate this process themselves or as a response to a request made by another party

When granting this permission authorities have a duty to ensure that the planning conditions are used for the provision of tree preservation and planning.