A TPO makes the felling, lopping, wilful damage or destruction to trees (including root damage), without the written permission of this authority, a criminal offence. You could try meeting your local residents (hopefully the ones who asked for the TPO). We are not anti tree but we would like to fell the one nearest the house which is a redwood about 45ft tall, girth at base is 7ft and only 14ft from a conservatory and 21ft from the bungalow itself. It makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy protected trees without prior written consent from your local authority. Was it used by the locals before you bought it? Now I am not telling you to poison your tree. Protected trees and the law. Consent is not needed to remove a tree that is: Dead; Dangerous; However, you must notify us at least five working days before the works starts. There are exceptions to this rule which are set out in the Forestry Act 1967 and Regulations made under that Act. Another issue could be protected species (my thing) and that could cause a huge expense in terms of survey work to support planning permission for any change of use. Find out more about how we can help you with a tree dispute. Flowchart 2: Varying or revoking a Tree Preservation Order. Sounds mad but I can honestly tell you it is the case. If you'd like to know how to remove a tree preservation order, please follow the steps below: Write to the local council or authority who set the TOP in place. In the first instance, you should contact your council to check whether the tree in question is indeed subject to a Tree Preservation Order, or TPO. We use cookies to optimise site functionality and give you the best possible experience. Further to my meeting with Nicholas I wanted to say how impressed I was with the level of information provided at the meeting, it was very worthwhile from my point of view and I look forward to instructing your firm. Before I even got started the local residents wrote to the Council and got a Preservation Order put on the whole of my plot. A TPO aims to protect trees that make a significant impact on their surroundings, for example, if they are a good example of their species or form an important feature within the local landscape. You have been a great help to me. 0 « 1 2 » Go. The service provided was extremely professional and helpful. Perhaps you could put up a few pics of the plot. If you have any doubts, it is wise to secure good and early legal advice. Whether or not a tree preservation order is in force you must first apply to Natural Resources Wales for a felling licence if you want to cut down growing trees in any quantity. In many areas, "mature" trees are defined as trees 4.0 metres or greater in height or half a metre in girth as measured from a point 1 metre from ground level. Trees and Tree Preservation Orders can often cause significant problems when it comes to planning terms for development issues. Viewing this website, or contacting us does not constitute a solicitor client relationship between you and this firm. A Tree Preservation Order provides a tree with an increased level of legal protection greater than that afforded to a tree which may be located within a Conservation Area. COVID-19: We're still operating as normal. Removing or resetting your browser cookies will reset these preferences. “I am not lost, for I know where I am. I would recommend taking a step back, possibly getting to know the locals and their concerns would help. However, it is always advisable to discuss with your neighbour beforehand. If the locals know you only plan to create your dream garden, things might be a lot easier. This information was given to me by the local district council arborist. High Pete, it must vary a lot, as I know ALL trees around here have an automatic TPO! Please CLICK HERE for more info on our current working arrangements. If your tree has a slight lean, maybe mention that it only happened recently and you are scared of it coming down. Monday 7th July 2014. You can learn more detailed information in our Privacy Policy. Where trees are removed, Council may require that trees are replaced of a similar species to those removed from the site. If you would like work to be done on a tree, which is covered by a Tree Preservation Order (TPO), you will need to submit a 'Works to Trees' application before any work is started. The Local Authority’s purpose is to preserve amenity and retain trees which blend into the environment and would if removed be a Loss to the Amenity and Appearance of a locality. The council only gets involved if it owns the tree or if the tree is protected by a tree preservation order. There is no charge to apply, and reputable tree contractors will be willing to apply on your behalf if you ask them to do so - they will also probably be able to advise on what will be acceptable and what will not. To begin with, you cannot touch a tree with a Preservation order on it unless it is dead, dying or dangerous. Tree preservation order. If your application is successful, the TPO can be confirmed, modified or terminated Posts. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard… If you think we might be able to help you please call us on 01634 811 118, complete our online enquiry form, or email our planning law expert Nicholas Kingsley-Smith. Could be, of course that they are just jealous. The technology to maintain this privacy management relies on cookie identifiers. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. A TPO can be applied to a tree of any size or species, but those with a trunk diameter of less than 75mm would not normally be considered. We are delighted with this outcome and will always be appreciative for your advice, recommendation and the end result here. If you'd like to know how to remove a tree preservation order, please follow the steps below: Write to the local council or authority who set the TOP in place. A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. Good ideas to make your intentions clear to both council and local residents. Before I even got started the local residents wrote to the Council and got a Preservation Order put on the whole of my plot. But however, where I am may be lost.”, http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation-orders/. Tree Preservation Orders were introduced to enable Local Planning Authorities to protect important trees. Copyright © Kingsley Smith Solicitors LLP. Apply for a Tree Preservation Order. Could be the residents think you want to build on it! Preservation orders for trees, commonly called Tree Preservation Orders, differ from council-to-council, but in general apply to most mature trees. Jamp. Thank you so much for the expert advice that was very helpful indeed, helping frame the options/way forward, This is a positive result . You may still have to replant other trees to compensate though. To control which cookies are set, click Settings. We protect trees by issuing Tree Preservation Orders (TPO). Click here for a full list of Google Analytics cookies used on this site. I wanted to plant my dream garden on it as I live in rented accommodation and longed for a garden of my own. ​. SERVING THE MEDWAY TOWNS OF CHATHAM, GILLINGHAM, ROCHESTER, THE REGION OF SWALE, ACROSS KENT AND ENGLAND. My neighbour’s tree(s) encroaches over my boundary, what can I do? Maybe it was an informal dog walking area and they feel peeved that you have come along and intend to deprive them of something that they feel was theirs? Types of tree protection Tree Preservation Orders (TPO) ... What can I do to protect a tree? A TPO is a written order which, in general, makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order, or to cause or permit such actions, without the Local Authority’s permission. The subject is covered by cases and legislation and can provide a useful tool for objectors. We work with the leading experts in respect of trees throughout the South East of England and across England. Trees will be protected by application of the Tree Preservation Order as adopted on the 27 March 2012 or as subsequently amended. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. How to Remove a Tree Preservation Order. Having written plans and drawings may help, but you would likely have to stick to them so make sure you get those right. How to Remove a Tree Preservation Order. Tree preservation order on trees too close to house. If trees are not subject to a Tree Preservation Order, or are not growing in a conservation area, they may be removed without the council's permission. A Tree Preservation Order (TPO) is an order made by a local planning authority or council in order to protect trees. No doubt your intervention played a large part in this and I am obliged to you, I am over the moon with the outcome that you have helped me secure, I couldn’t have been happier with how you and your team dealt with things for me. The information you need is here http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation-orders/. Generally they are trees that can be seen from public spaces and add amenity value to the local community. If you are interested in placing a TPO on a tree or wood in your area, contact the council and ask to speak to the tree officer or equivalent. Trees and Tree Preservation Orders can often cause significant problems when it comes to planning terms for development issues. This number shall be determined by Council and be planted in appropriate locations. So Shirley's situation where all the trees of a given plot have been given that status sounds plausible enough. Click here for a full list of third-party plugins used on this site. To find out if a tree is covered by a TPO please view our map below. The tree is now approximately 40 years old, stands around 60 feet tall and continues to grow in every way - even … A Tree Preservation Order, or TPO, is usually made by a local planning authority (often the local council) to protect a specific tree or woodland from deliberate damage and destruction. They’ll let you know the next steps. Kingsley Smith Solicitors LLP is a Limited Liability Partnership registered in England and Wales under registration number OC305935, Authorised and regulated by the Solicitors Regulation Authority (SRA). In your application, explain the reasons why you require the removal of it. I think Dove probably hit the nail on the head regarding the locals fearing development, so even if you get around the tree issue, expect the next issue will be the site is full of bats, great crested newts and dormice, all of which have their habitat protected under the Wildlife and Countryside Act . Dead, dying or dangerous trees, maintained hedges, bushes and shrubs cannot be protected. I had confidence in them and I believe they really did care. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. Tree preservation orders (TPOs) can be put in place by a local authority, thus shielding particular examples from felling, lopping or damage (including to the roots) without express written approval. Trees are a material consideration when a planning application is submitted, irrespective of whether they are protected or not. If it is, then you or your neighbour may need to make a formal application to carry out the necessary works. The irony is that recent 'government' planning changes mean developers would likely have the ability and necessary resources to overturn this, while an individual who has soley good intentions will probably not. What on earth can I do as I spent my life savings on a plot that is useless unless I can get this removed? Third-Party cookies are set by our partners and help us to improve your experience of the website. Dead: Trees that have died do not need approval for council removal. A Tree Preservation Order is an Order made by a Local Planning Authority (LPA) in respect of trees. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. We are very grateful to you for steering us down the correct course, I very much doubt that we would be in this position if we had not sought your wise counsel. November 2017 in Problem solving. The subject is covered by cases and legislation and can provide a useful tool for objectors. we're legally obliged to preserve and protect trees and can make tree preservation orders (TPOs) on trees and woodlands to ensure their long-term future; no work to trees subject to a TPO can be carried out without our written consent; you must make an application for works to trees subject to a preservation order ; Trees in a conservation area. If it is immediately so then the tree can be cut down , but you will have to have photographic evidence along with a report from a professional to back it up. Please enter the verification code, Your choice regarding cookies on this site, Planning Project Compensation, Comments And Objections, Property Developers, Businesses & Landlords, Commercial Litigation & Business Disputes. Having a Tree Preservation Order removed. If you break the order you could face a … DorsetUK makes an excellent point. For more details see our Privacy Policy. 96 months. A tree preservation order is an order made by a local planning authority to protect trees (either individual or groups of trees or woodlands). We’re here to help. It sounds quite an interesting challenge. That's often why people buy scruffy bits of ground. 162 posts. Thank you so much for your help with this matter been amazing. Your common law rights allow you to remove any branches that cross your boundary without the need to seek your neighbour’s permission. The land is just scruffy woodland and has not been managed or kept tidy and here dont appear to be any beautiful trees. The Planning Officer has given until Christmas Eve to appeal. The principal purpose of a Tree Preservation Orders (TPO) is to preserve trees which are normally located on privately owned land. That’s illegal. I wanted to extend my sincere thanks to all the staff at Kingsley Smith Solicitors LLP. Original Poster. Don't risk it. 7 years ago a TPO was placed on a cedar deodora after I enquired about having the tree removed. I recently bought a piece of land in a residental road. They can be placed on any tree or group of trees, of any age, which have amenity value and are in a good physical condition. This can relate to an individual or groups of trees. December 2014. Staff made me feel comfortable and were able to convey all information to me in a language that was easy to understand. When the TPO was imposed, the tree was less intrusive than it is now. davidrmetcalfe Posts: 1. I don't think it is a closed case Shirley, but you may have to take things carefully and be aware of the issues that you may face along the way. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). And agreement to lift the tpos SWALE, across KENT and England cookies to optimise site functionality give. 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