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Tree Law – TPO Trees

Applications for works to protected TPO trees

Local Planning Authorities (LPA) administers statutory controls relating to trees; these being tree preservation orders (TPO trees) or conservation areas. There is a presumption for the LPA to retain protected trees unless owners can demonstrate strong or overriding reasons to remove them.

A report by an Arboriculturalist is required to accompany an application to remove tpo tree(s). This applies to alleged damage due to subsidence or for reasons relating to the condition of the tree(s).

Where there a loss has resulted from a refusal by the LPA, s.202 of the planning act provides a mechanism for compensation to be claimed from the LPA via the Lands Tribunal Service.

Conservation areas often cover the centres of towns, cities and villages to protect ‘character and appearance’ and the protection afforded relates to trees, buildings, walls and other features of historic importance.

In the case of trees, six weeks written notice of the intended works is required by the LPA allowing their assessment of the tree and the merits of placing a TPO.

References

Town and County Planning Act 1990 (Tree Preservation) (England) Regulations 2012

s.211 Town and County Planning Act 1990 (Trees in Conservation Areas)

s.202 Town and County Planning Act 1990 (2008 and 2012 amendments)

 

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Applications for works to protected trees

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