39. Tree Preservation Orders
A Tree Preservation Order (TPO) is a legal designation issued by a local planning authority (LPA) to protect specific trees, groups of trees, or woodlands considered to be of significant amenity, environmental, or cultural value. TPOs aim to safeguard trees from unauthorised felling, pruning, or damage and ensure their preservation for the benefit of local communities, biodiversity, and the wider environment. TPOs are typically established under the Town and Country Planning Act 1990 or equivalent legislation in different parts of the UK.
Terms of compliance with Tree Preservation Orders
- Prohibited activities: TPOs prohibit certain activities that may harm protected trees without prior consent from the local planning authority. These activities may include cutting down, uprooting, topping, lopping, or wilful damage to protected trees, as well as the removal of tree roots or branches that could affect the tree's stability or health.
- Consent requirements: Property owners must seek consent, known as Tree Preservation Order Consent or TPO Consent, from the local planning authority before carrying out any work on protected trees covered by a TPO. Consent applications are assessed based on factors such as the tree's health, condition, significance, and potential impact of proposed works on its amenity value.
- Compliance obligations: Property owners are legally obliged to comply with the terms and conditions specified in TPOs and adhere to any restrictions or requirements imposed by the local planning authority. Failure to comply with TPO regulations may result in enforcement action, penalties, or restoration orders requiring the reinstatement of unlawfully removed or damaged trees.
- Appeals and enforcement: Property owners have the right to appeal against TPO decisions or enforcement notices issued by the local planning authority. Appeals may be made to the Planning Inspectorate or equivalent appeal body, which will consider the merits of the case and make a determination based on relevant planning legislation and policy.
Where to find relevant documents for property sale
When selling a property subject to Tree Preservation Orders or containing protected trees, it is essential to provide potential buyers with relevant documents and information to understand the implications of TPOs and compliance requirements.
Key documents may include:
| TPO map and schedule | The local planning authority maintains records of all TPOs in its jurisdiction, including maps showing the locations of protected trees and schedules detailing the species, sizes, and legal descriptions of trees covered by each TPO. Buyers can request copies of TPO maps and schedules from the planning authority or access them online through the authority's website. |
| Tree survey reports | Property owners may commission tree survey reports or arboricultural assessments to identify and assess the condition, health, and significance of trees on the property, including those covered by TPOs. These reports provide valuable information for buyers and help inform decisions about tree management and compliance with TPO regulations. |
| Tree Preservation Order consent applications | If the property owner has applied for TPO Consent or obtained consent for tree works, relevant documentation, including application forms, decision notices, and conditions of consent, should be disclosed to potential buyers. This ensures transparency and compliance with planning requirements. |
| Solicitor's advice | Buyers and sellers should seek legal advice from a solicitor or conveyancer specialising in property law to review and interpret TPOs affecting the property. A solicitor can provide guidance on compliance obligations, consent procedures, and potential liabilities associated with protected trees. |
By providing comprehensive information and documentation related to Tree Preservation Orders, property owners can ensure transparency, compliance, and informed decision-making for prospective buyers interested in properties containing protected trees or subject to TPO regulations.