It is the duty of all local planning authorities to make tree preservation orders (TPOs) on trees when it is expedient to do so in the interests of amenity. A TPO provides legal protection to trees and (with the exception of a few exemptions) written consent is required from the local planning authority before any work to a protected tree can take place.
Most trees located in conservation areas have provisional legal protection and notification must be made to the local planning authority prior to any work being undertaken to them.
We regularly advise clients in relation to trees which are protected by TPOs or are located in conservation areas. This includes:
- Submitting TPO applications for work to protected trees
- Submitting notification for work to trees located within a conservation areas
- Advising clients how to proceed when protected trees are unsuitable for a TPO
- Preparing objections to the local planning authorities when trees are unjustifiably made the subject of a TPO
- Providing advice if a client is being threatened with prosecution for unauthorised work to a protected tree
- Assisting local authorities with prosecution when protected trees have been unlawfully cut or damaged