Tree Preservation, Conservation areas & Appeals

Tree Preservation Orders

A Tree Preservation Order (TPO) is made by a Local Planning Authority (LPA) in order to protect trees or woodland areas where it appears to them to be expedient in the interests of amenity, therefore making a significant contribution and impact on their local surroundings. All species of trees can be protected, however, hedges, bushes or shrubs cannot. TPOs can protect trees of any age and can protect a single tree through to an entire woodland area. Tree owners still remain responsible for the maintenance of their trees and any damage that they may cause.

The effect of a TPO is to protect trees and the order prohibits the pruning or felling of trees without the written consent from the LPA prior to any work being undertaken on them. If a protected tree is cut down without consent anyone found liable could be fined up to £20,000 in a Magistrates Court or an unlimited fine on indictment at Crown Court.

Advice on New TPOs

Under the Town & Country Planning Act 1990, a LPA has the power to protect trees in the interests of amenity by making TPOs. A new TPO is made by serving a notice on all affected persons whereby tree owners and any interested parties may endorse or object to the order.

Wharton Arboriculture Ltd is able to provide expert advice on all aspects of TPO’s including the making, serving and administration of Orders, an assessment of the legality, viability and enforceability and appropriateness of an Order, and can make representations to the LPA in respect of works.  Where necessary, we will object to the imposition of new TPOs and appeal against the decision of the LPA and consider compensation issues on behalf of our clients.

Wharton Arboriculture Ltd undertakes paper-based and field surveys for LPA’s for the purposes of reviewing and updating TPOs.

TPO Works Applications

From the 1st October 2008 The Town and Country Planning (Trees) (Amendment) (England) Regulations 2008 (the Regulations) make mandatory the use of a standard application form for all applications to undertake any works to a tree which is protected by a TPO. An important element of the new procedure is the requirement to provide specific information in support of applications for work relating to trees which is required because of their condition or the damage they are causing to property. Wharton Arboriculture Ltd is able to submit applications for works on behalf of their clients and where appropriate write reports in support of an application.

Conservation Areas

Conservation Areas are localities which have been identified by the LPA as having special architectural or historic interest. The designation does not only relate to built form, but includes the overall character of the area. The character assessment includes green spaces, parks, gardens and trees.

If it is intended to carry out works to trees within a Conservation Area, it is imperative that a Section 211 Notification is provided to the LPA to give them a six week timeframe to assess the trees. There are some exemptions to this requirement and Wharton Arboriculture Ltd can provide detailed advice on this matter.

Failure to make a written notification could result in a fine of up to £20,000 at Magistrates Court, or an unlimited fine if indicted to Crown Court.
Wharton Arboriculture Ltd can provide detailed advice in relation to trees in Conservation Areas and make representations to Local Authorities in respect of tree management.

Appeals

Wharton Arboriculture represented its clients both TPO and planning appeals whether it be for written representations, informal hearings or public inquiries. We have successfully represented both public and private sector clients at appeal, identifying the merits of a case and advising our clients accordingly in a professional manner.

The 2008 Regulations with regard to TPOs only also introduced, a new fast-track appeal system and Inspectors will only be able to consider the information provided with the original application; there will be no written representations procedure available, however the appellant can still request that the appeal be heard at an informal hearing or public inquiry.