Tree preservation orders

Tree Preservation Orders (TPOs) are the principal means of planning control over the felling or maltreatment of amenity trees.

TPOs may be made by a local planning authority to cover individual trees of exceptional amenity value, groups of trees, woodlands or trees within a specified area, whether urban or rural. TPOs do not normally include protection over large areas. Orders are designed to protect amenity trees which might be at risk, but not to hinder careful silvicultural management.

A TPO may:

  • Prohibit the damage or destruction, felling, lopping, topping or uprooting of trees, except with the consent of the local planning authority.
  • Ensure the replanting according to specified conditions of any part of a woodland area which is felled as part of permitted forestry operations.
  • Require the replacement as soon as reasonably possible of any tree (other than one which is part of a woodland) which is removed or destroyed in contravention of that order, or which dies.

There are four types of TPO, although any one Order can contain any number of items which can be of one or more types. The types are as follows:

  1. Individual: can be applied to an individual tree.
  2. Group: can be applied to a group of individual trees which together make up a feature of amenity value but which separately might not.
  3. Area: covers all trees in a defined area at the time the Order was made.
  4. Woodland: covers all trees within a woodland area regardless of how old they are.

A landowner whose trees are made subject to a TPO must be informed by the Council making the order, and the trees identified on a map. A seller of land is bound to inform a buyer about any TPOs that apply to the property. Anyone can check whether TPOs are in force on any trees, by contacting the relevant planning authority.

Conservation areas

Conservation Areas are areas designated by local authorities for building and landscape conservation. Anyone proposing to cut down, top, lop or uproot a tree in a Conservation Area is required to give six weeks notice of their intention to the local authority concerned. A felling licence is also required, unless any of the exceptions listed above under felling licences apply. The trees may also be subject to a TPO, in which case the details given above apply.

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