Tree Preservation Order

A TPO (Tree Preservation Order) is a written regulation that seeks to safeguard the entire woodland areas or a section of trees.

The application will be subjected to a deliberation duration upon which people can present their objections. If you believe your preferred tree is in danger, you can request the council to place an emergency tree preservation order on it.

The order bars people from chopping or tampering with the tree while giving the council time to investigate the matter further. Read on for more details on the TPO...

How a Tree Preservation Order Protects Woods and Trees

When woods or trees are either within the conservation area or are protected by a tree preservation order, no one can chop them without permission from local planning icon surveyors. Failure to seek permission from the authorities puts you at risk of prosecution and fines ranging between £2,500 and £20,000.

How to Acquire a Tree Protection Order on a Wood or Tree

To place a TPO either on wood or a tree, you will need to reach out to the council and talk to the tree officer. Remember to explain why you believe the tree should be protected. Often, tree protection orders are placed in woods or trees. Explain why you think the tree should be protected. It’s worth mentioning that writing a TPO is optional, and the local authority does not have to give consent. However, when it approves, then it is obligated to enforce it according.

Understanding Timescales

A TPO can be canceled, modified, or confirmed anytime within its first six months. However, you cannot include more trees in the tree preservation order within that time. To add more trees, the local council will need to generate a new TPO.

Where no objections are received after the lapse of the six months, the TPO will become permanent. In this case, you will need to make trees to construction works application to conduct any works legally.

How to Prevent Someone from Felling TPO-Protected Tree

Anyone seeking to fell a TPO-protected tree should first apply for a permit from the local council. The application features a consultation period which you can leverage to approach the local council and present your argument.

To increase your chances of success, you may want to involve the local community. Seek support from numerous people from your locality to approach the local council and reject the elimination of the tree.

What happens when a TPO-Protected Tree is Felled?

In this case, the landowner must plant another tree to replace the felled one. This concept remains the same for dangerous, dying, or dead trees. The landowner is obligated to plant a new tree:

  • At the exact spot
  • Of a suitable species and size
  • As soon as possible

What if Someone Purchases the Land Before the Tree has been Replaced?

The new landowner will be obligated to replace the TPO-protected tree regardless of its species. The local council can then update the tree preservation orders to ensure the TPO comprises any location or species channels.

Finally

A TPO-protected tree can still be felled to make way for development. Where planning permission is allowed for a site with a TPO-protected tree, the planning consent overrides the tree protection orders. Still, if the TPO-protected tree does not have to be felled, the landowner does not have to plant another tree.

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We are a team of party wall surveying experts based throughout London and the surrounding areas. Here, we share informative property survey blogs created by industry experts.

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