Tree preservation order
Encyclopedia
A Tree Preservation Order or TPO is a part of town and country planning in the United Kingdom
. A TPO is made by a Local Planning Authority
(usually a local council
) to protect specific trees or a particular area, group or woodland from deliberate damage and destruction. TPOs can prevent the felling, lopping, topping, uprooting or otherwise willful damaging of trees without the permission of the Local Planning Authority
, although different TPOs have different degrees of protection.
They can be made very quickly and in practice it is normal for a council to make an emergency TPO in less than a day in cases of immediate danger to trees.
. Some TPOs therefore are over 50 years old, and still valid. The current regulations that enable TPOs are the Town and Country Planning (Trees) Regulations 1999 which came into force on 2 August 1999.
Town and country planning in the United Kingdom
Town and Country Planning is the land use planning system governments use to balance economic development and environmental quality. Each country of the United Kingdom has its own planning system that is responsible for town and country planning devolved to the Northern Ireland Assembly, the...
. A TPO is made by a Local Planning Authority
Local Planning Authority
A local planning authority is the local authority or council that is empowered by law to exercise planning functions for a particular area of the United Kingdom. Although, in Scotland, where all of the local authorities are unitary, the term 'planning authority' is used without the 'local'...
(usually a local council
Local government in the United Kingdom
The pattern of local government in England is complex, with the distribution of functions varying according to the local arrangements. Legislation concerning local government in England is decided by the Parliament and Government of the United Kingdom, because England does not have a devolved...
) to protect specific trees or a particular area, group or woodland from deliberate damage and destruction. TPOs can prevent the felling, lopping, topping, uprooting or otherwise willful damaging of trees without the permission of the Local Planning Authority
Local Planning Authority
A local planning authority is the local authority or council that is empowered by law to exercise planning functions for a particular area of the United Kingdom. Although, in Scotland, where all of the local authorities are unitary, the term 'planning authority' is used without the 'local'...
, although different TPOs have different degrees of protection.
They can be made very quickly and in practice it is normal for a council to make an emergency TPO in less than a day in cases of immediate danger to trees.
Legal basis
TPOs were originally introduced in the Town and Country Planning Act 1947Town and Country Planning Act 1947
The Town and Country Planning Act 1947 was an Act of Parliament in the United Kingdom passed by the post-war Labour government...
. Some TPOs therefore are over 50 years old, and still valid. The current regulations that enable TPOs are the Town and Country Planning (Trees) Regulations 1999 which came into force on 2 August 1999.
Exemptions
The following works normally do not require permission under any TPO:- Works approved by the Forestry CommissionForestry CommissionThe Forestry Commission is a non-ministerial government department responsible for forestry in Great Britain. Its mission is to protect and expand Britain's forests and woodlands and increase their value to society and the environment....
under a felling licence or other approved scheme. - Felling or working on a dead, dying or dangerous tree (the onus is on the person who authorises the work to prove that the tree was dead, dying or dangerous - this can cause problems if the tree is felled and removed, as then there is no proof of its condition. Normally this requirement is fulfilled by obtaining a report by a qualified person made before the works are done).
- Where there is an obligation under an Act of ParliamentAct of ParliamentAn Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
(for example, to maintain a public highway). - Works at the request of certain agencies or organisations which are specified in the Order.
- Works where there is a direct need to work on the tree to allow development to commence for which detailed planning permissionPlanning permissionPlanning permission or planning consent is the permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building , but will also need "planning...
has been obtained - Works to fruit trees cultivated in the course of a business for fruit production, as long as the tree work is in the interests of that business. This means that fruit trees are not automatically exempt unless they are actively being used for a business.
- Works to prevent or control a nuisanceNuisanceNuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
(in the legal sense only).