Trees that are covered by a Tree Preservation Order (TPO), or which are in a Conservation Area (CA) are protected through planning law. Contravention of these statutory planning constraints, either by those carrying out work directly or by those commissioning it, can result in serious legal penalties.  Your local Council is responsible for administering TPO and CA planning constraints.

Any felling or pruning of trees covered by a TPO generally requires a written consent from the Local Planning Authority (LPA); i.e. the Council you pay Council Tax to. Similar work to trees in a conservation area requires six weeks written notice be given to the LPA for them to decide if a TPO should be made.  Any applicant aggrieved by an adverse TPO decision has a right of appeal to the Planning Inspectorate.

We can submit formal notices (Section 211 Notices) and TPO applications to the LPA on your behalf; and if appropriate attach supporting reports necessary to make the application valid or simply to ensure the best chances of success. We can make appeals on your behalf and represent you at informal hearings or public enquiry.

Conservation Areas

Under Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990, Local Planning Authorities (LPAs) may designate Conservation Areas because of special architectural or historic interest; other landscaper features, including trees, may also be cited as contributing to the special character and appearance of a conservation area.  LPAs have a statutory duty to seek to preserve and enhance conservation areas in the decisions they take.

In general, anyone intending to fell or prune trees over 75mm in stem diameter (measured at 1.5m from ground level) in a conservation area, must give the LPA six weeks written notice; this is a requirement under section 211 of the Town and Country Planning Act 1990. The LPA has to keep a public register of these ‘Section 211 Notices’ (and TPO applications), and usually this information will appear on the Council’s website. The LPA has this period to comment on the works; if proposals are controversial this often involves discussion with the person giving notice.

This six weeks notice period is ultimately intended to give the LPA the opportunity to decide if a TPO is warranted in order to protect trees of significant amenity value if they may be harmed by the works. If a TPO is not made within six weeks from the date the notice was received then the specified works may be carried out without further notice or discussion.

Tree Preservation Orders (TPOs)

Local Planning Authorities (LPAs) are given the power to make TPOs under Section 198 of the Town and Country Planning Act 1990, if it is ‘expedient in the interests of public amenity’. Since the 1st October 2008, The Town and Country Planning (Trees) (Amendment) (England) Regulations 2008 makes mandatory the use of a standard application form for all applications for  works to trees protected by a TPO.

An important new element of the procedures is the requirement to provide technical information in support of applications for works proposed on the basis of ‘tree condition’ (safety) or where trees are considered to be causing damage to property. We can provide the technical information required through presentation of professional Tree Surveys and Reports; we can even make the application for you, as an agent acting on your behalf.

The 2008 Regulations also introduced a new fast-track appeal system. This removes the previous written representations procedure and now inspectors may only consider the information provided within the original application. The appellant can still request for the appeal to be heard as an Informal Hearing or Public Inquiry. This all means that it is now even more important to get good professional advice at the outset on the form and presentation of a TPO application.

Felling Licences

In addition to these planning constraints, all trees are subject to the Forestry Act 1967 unless certain exemptions apply (notably, trees in private gardens). The felling of trees beyond a certain timber volume requires a ‘felling licence’ from the Forestry Commission. We can make an assessment for you to determine if a felling licence is required and can act for you in making an application to the Forestry Commission for a felling licence.  For more information Contact Us