A Tree Preservation Order (TPO) is a part of the planning system in the United Kingdom. It is an order made by a local planning authority (LPA) to protect specific trees, groups of trees or woodlands in the interests of amenity. The order prohibits the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees without the local planning authority’s written consent. If consent is given, it can be subject to conditions which have to be followed.
Understanding the intricacies of a TPO is crucial for anyone involved in tree surgery, landscaping, or property development. This article will provide a comprehensive explanation of TPOs, their purpose, how they are implemented, and their implications for tree management. By the end of this glossary entry, you should have a thorough understanding of TPOs and their role in tree conservation.
Origins and Purpose of TPOs
The concept of TPOs was introduced in the Town and Country Planning Act 1947. The primary purpose of TPOs is to protect trees which bring significant amenity benefit to the local area. This can be due to their size, form, historical significance, or contribution to the landscape. TPOs are used when there is a risk that a tree could be cut down or damaged, which would have a negative impact on the local environment and its enjoyment by people.
It’s important to note that a TPO is not a tool to prevent development. Rather, it is a mechanism to ensure that the impact on trees is considered as part of the planning process. TPOs can be applied to any species of tree, but not to bushes or shrubs. They can protect individual trees, groups of trees, areas of trees, or woodlands.
Criteria for TPOs
The decision to place a TPO on a tree is made by the local planning authority (LPA), usually a city or county council. The LPA will consider several factors when deciding whether a tree warrants a TPO. These include the tree’s health and longevity, its amenity value, and its importance to the local landscape or street scene. The LPA will also consider whether the tree is at risk of being cut down or damaged.
It’s worth noting that not all trees will meet the criteria for a TPO. For example, trees that are dead, dying, or dangerous are exempt from TPOs. Similarly, trees that are in poor health or of low amenity value may not be considered for a TPO. The decision to grant a TPO is at the discretion of the LPA, and there is a right of appeal to the Secretary of State.
Provisions and Restrictions of TPOs
A TPO prohibits specific activities relating to the tree(s) it protects. These include cutting down, topping, lopping, uprooting, wilful damage, and wilful destruction. Any work carried out on a protected tree requires the written consent of the LPA. This includes pruning and other forms of tree surgery. However, there are some exceptions to this rule, which we will explore in the next section.
It’s important to understand that a TPO does not prevent all work on a tree. Rather, it ensures that any work carried out is done so in a way that preserves the health and amenity value of the tree. The LPA can grant consent for work on a protected tree, but this consent may come with conditions. For example, the LPA may require that any pruning is carried out in accordance with British Standard 3998:2010 (Tree work – Recommendations).
Exemptions to TPO Restrictions
While TPOs provide broad protection for trees, there are some circumstances in which work can be carried out without the need for LPA consent. These include when a tree is dead, dying or dangerous, when the work is in line with an obligation under an Act of Parliament, or when the work is necessary to implement a planning permission. In these cases, it’s usually necessary to give the LPA five days’ notice before carrying out the work.
Other exemptions include when the work is necessary to prevent or abate a nuisance, or when the work is carried out by or on behalf of certain public bodies. It’s important to note that these exemptions are subject to interpretation and should not be relied upon without seeking professional advice. If in doubt, it’s always best to consult with the LPA before carrying out any work on a protected tree.
Applying for TPO Consent
If you wish to carry out work on a tree protected by a TPO, you must apply for consent from the LPA. The application must include a detailed description of the proposed work and the reasons for it. The LPA will then consider the application and make a decision based on the impact of the proposed work on the health and amenity value of the tree.
The LPA may grant consent without conditions, grant consent with conditions, or refuse consent. If consent is granted with conditions, these must be adhered to. If consent is refused, there is a right of appeal to the Secretary of State. It’s important to note that carrying out work on a protected tree without the necessary consent can result in a fine of up to £20,000 in the Magistrates’ Court, or an unlimited fine in the Crown Court.
Process and Timeline for TPO Consent
The process for applying for TPO consent can vary between different LPAs, but generally involves submitting an application form and a tree report prepared by a qualified arborist. The LPA will then consult with interested parties, such as neighbours and local amenity groups, before making a decision. The LPA must make a decision within eight weeks of receiving the application, although this can be extended by agreement.
If the LPA grants consent, this is usually valid for two years. This means that the work must be carried out within this timeframe. If the LPA refuses consent, or grants consent with conditions that are not acceptable, there is a right of appeal to the Secretary of State. The appeal must be made within 28 days of the date of the decision notice.
Penalties for Breaching a TPO
As mentioned earlier, carrying out work on a tree protected by a TPO without the necessary consent can result in severe penalties. In the Magistrates’ Court, the maximum fine is £20,000 for each offence. In serious cases, the case may be referred to the Crown Court, where there is no upper limit on the fine. In addition to the fine, the court may also order the offender to plant a replacement tree.
It’s important to note that the person who carries out the work is not the only one who can be prosecuted. The owner of the land on which the tree stands can also be prosecuted, even if they did not carry out the work themselves. Therefore, it’s crucial to ensure that any work carried out on a protected tree has the necessary consent.
Reporting a TPO Breach
If you suspect that work is being carried out on a protected tree without the necessary consent, you should report this to the LPA. The LPA has the power to investigate and, if necessary, prosecute. When reporting a suspected breach, it’s helpful to provide as much information as possible, such as the location of the tree, the nature of the work being carried out, and any evidence such as photographs.
It’s worth noting that not all work carried out on a protected tree is a breach of a TPO. For example, work carried out under one of the exemptions mentioned earlier would not be a breach. Therefore, it’s always best to check with the LPA before reporting a suspected breach.
Conclusion
A Tree Preservation Order (TPO) is a valuable tool for protecting trees that bring significant amenity value to the local area. Understanding the provisions and restrictions of a TPO, as well as the process for applying for TPO consent, is crucial for anyone involved in tree surgery, landscaping, or property development.
While TPOs can seem complex, they play a vital role in conserving our urban and rural landscapes. By ensuring that any work carried out on a protected tree is done so in a way that preserves its health and amenity value, TPOs help to ensure that our trees can be enjoyed by future generations.