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Tree Preservation Orders: Avoiding Costly Mistakes by Mark Chester - Cedarwood Tree Care Tree Preservation Orders (TPOs) have been part of the legal and planning framework since their introduction as part of the Town and Country Planning Act 1947. They place a restriction on the pruning or felling of trees subject to a TPO. Usually, the consent of the local planning authority is required to undertake works. In the absence of this consent, the local authority can seek to enforce the breach, including pursuing a prosecution via the Magistrate’s Court.
trees have yet to be individually surveyed. When a new TPO is served, affected parties (land owners and neighbours) can object, and raise any queries, or make an objection. The query can seek to clarify the order, if, for example, a tree has been positioned in the wrong place, or is of a different species to that listed. An objection can be because someone does not consider the tree is appropriate for protection. There is a time limit to raising a query or objection, usually 21-28 days.
Since 1947, TPOs have been subject to periodic changes. In 2012, the regulations governing the administration of TPOs were subject to a substantial overhaul. This is having an impact which can affect the unwary, both owners and local authorities.
The TPO comes in to effect as soon as it has been served as a provisional document. The local authority then has six months from the date of serving the document to confirm it, with or without any changes. They may choose to ‘not confirm’. Previously, if an order was not confirmed within the six months, it simply became inactive until confirmed. Confirmation could then happen months or even years later. Any breaches would not be enforceable between the
Trees can be protected as individuals, within groups, within woodlands or within designated areas, in which the EXPERT WITNESS JOURNAL
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