A tree preservation order (TPO) is a part of

town and country planning in the United Kingdom Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own pla ...

. A TPO is made by a

local planning authority A local planning authority (LPA) is the local government body that is empowered by law to exercise urban planning functions for a particular area. They exist in the United Kingdom and India. United Kingdom Mineral planning authorities The role ...

(usually a local council) to protect specific trees or a particular area, group or woodland from deliberate damage and destruction if those trees are important for the amenity of the area. In Scotland TPOs can also be used to protect trees of historic or cultural significance. TPOs make the felling, lopping, topping, uprooting or otherwise willful damaging of trees without the permission of the local planning authority a legal offence, although different TPOs have different degrees of protection. They can be made very quickly and in practice it is normal for a council to make an emergency TPO in less than a day in cases of immediate danger to trees.

Legal basis

TPOs were originally introduced in the

Town and Country Planning Act 1947 The Town and Country Planning Act 1947 (10 & 11 Geo. VI c. 51) was an Act of Parliament in the United Kingdom passed by the Labour government led by Clement Attlee. It came into effect on 1 July 1948, and along with the Town and Country Plannin ...

and the Town and Country Planning (Scotland) Act 1947. Some TPOs therefore may be over 70 years old, and still valid. Current tree preservation orders in England and Wales are made under the

Town and Country Planning Act 1990 The Town and Country Planning Act 1990c 8 is an act of the United Kingdom Parliament regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the United Ki ...

and the Town and Country Planning (Tree Preservation) (England) Regulations 2012. In Scotland, similar provision is made under the

Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Scotland) Act 1997 is the principal piece of legislation governing the use and development of land within Scotland. The act's forerunner was the Town and Country Planning (Scotland) Act of 1972. The 1997 act is suppo ...

(amended by the Planning etc. (Scotland) Act 2006) and the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010.The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010.
/ref> Near equivalent legislation in Northern Ireland is the Planning Act (Northern Ireland) 2011. At 2019 the Welsh assembly is proposing separate Welsh legislation.

Exemptions

The following works normally do not require permission under any TPO: # Works approved by the

Forestry Commission The Forestry Commission is a non-ministerial government department responsible for the management of publicly owned forests and the regulation of both public and private forestry in England. The Forestry Commission was previously also respon ...

under a felling licence or other approved scheme. # Felling or working on a dead or dangerous tree. The onus is on the person who authorises the work to prove that the tree was dead or dangerous — this can cause problems if the tree is felled and removed, as then there is no proof of its condition. Normally this requirement is fulfilled by obtaining a report by a qualified person made before the works are done. # Where there is an obligation under an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

(for example, to maintain a public highway). # Works at the request of certain agencies or organisations which are specified in the order. # Works where there is a direct need to work on the tree to allow development for which detailed

planning permission Planning permission or developmental approval refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. It is usually given in the form of a building perm ...

has been obtained. # Works to fruit trees cultivated in the course of a business for fruit production, as long as the tree work is in the interests of that business. This means that fruit trees are not automatically exempt unless they are actively being used for a business. # Works to prevent or remove (abate) a

nuisance Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") ...

(in the legal sense only).

References

External links

Tree Preservation Orders and trees in conservation areas (Government publication)RHS Short Guide

Sources

{{Forestry Forest law Town and country planning in the United Kingdom

Legal basis

Exemptions

See also

References

External links

Sources