Trees and Environmental Legislation:
TPO's, Conservation Areas and Planning Conditions
Many trees in the UK are legally protected, typically by Tree Preservation Orders (TPO), Conservation Areas, Planning Conditions and Restrictive Covenants.
Tree Preservation Orders (TPO's) - sample TPO
TPO's are made by the Local Planning Authority (LPA) to protect trees which make a significant contribution to the local amenity value. The Orders allow the LPA an element of control over the management of the protected trees. However, large trees, when growing close to housing and in residential areas, may cause a nuisance or outgrow the available space.
In the majority of cases written permission is required for work to protected trees. Failure to obtain consent can result in criminal prosecution with a fine of up to £20,000 per tree.
CBA Trees is able to provide expert advice on all aspects of TPO's including the making, serving and administration of Orders, an assessment of the viability and enforceability and appropriateness of an Order, and make representations to the LPA in respect of works. Where necessary, CBA Trees can appeal against the decision of the LPA and consider compensation issues on behalf of our clients.
Trees in Conservation Areas
Conservation Areas are localities which have been identified by the LPA as having special architectural or historic interest. The desgination does not only relate to built form but includes the overall character of the area which covers green spaces, parks, gardens and trees.
If it is intended to carry out works to trees within a Conservation Area it is imperative that six weeks written notification is provided to the LPA. Failure to make a written notification could result in a fine of up to £20,000.
CBA Trees can provide detailed advice in relation to trees in Conservation Areas and make representations to Local Authorities in respect of tree management.
Planning Conditions are normally imposed following the granting of Planning Consent either by an LPA or by the Secretary of State following a successful appeal, to ensure certain actions are undertaken as part of any development. Discharge of Conditions is essential as failing to do so could result in prosecution, stop notice and/ or the inability to sell the development on completion.
CBA Trees consultants assist clients in successfully discharging Planning Conditions in relation to tree and landscape requirements. The Arboricultural Development Statement (ADS) report will include an Implications Assessment and Method Statement in order to ensure those trees identified for retention are maintained in a safe and healthy condition.
A restrictive covenant is a private agreement between land owners which may retrict the way land may be used and developed. They are enforceable by one landowner against another and effectively allow a form of private planning control. Such covenants are privately agreed and then placed in the title deeds to the property. The covenants may be passed on to subsequent owners. Subject to various rules they must be negative or restrictive in their effect.
CBA Trees can provide advice and support in respect of restrictive covenants in relation to trees and can assist clients in achieving a satisfactory outcome.