Since the introduction of TPOs in 1947, there have been significant changes in the legislation. Local Planning Authorities (LPAs) are advised to keep their TPOs under review. Our in depth knowledge of the legislation and case law enables us to provide you with the best advice when a tree preservation order affects the management of your trees or the use of your land.
Cheshire Woodlands provides a review service to audit and where necessary re-survey Tree Preservation Orders (TPOs). Where service of a TPO affects your land, we can help to protect your interests. When necessary, we can utilise our long-term relationships with lawyers who specialise in tree protection legislation.
Cheshire Woodlands use of Quantified Tree Risk Assessment has proved invaluable. It has helped us to retain trees that were condemned by another advisor. They have used measurable data to provide us with a valid tree risk assessment.
If a tree is not protected by a TPO, can I remove it or prune it without constraints?
Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. These provisions require people to notify the local planning authority, using a ‘section 211 notice’, 6 weeks before carrying out certain work on such trees, unless an exception applies. The work may go ahead before the end of the 6 week period if the local planning authority gives consent. This notice period gives the authority an opportunity to consider whether to make an Order on the tree.
Subject to specified exemptions, a licence may be required for the felling of growing trees
Your nearest Forestry Commission or Natural Resources Wales office will advise whether you require a felling licence.
What constraints should I be aware of if I own trees with TPOs?
Subject to specified exceptions, an application must be made to the local planning authority [LPA] to carry out work on or remove trees that are protected by a tree preservation order [TPO]
Why and how can TPO status change?
Land use might have changed since an order was originally made; land might have been developed; trees might have been removed; trees still standing may no longer merit the protection of the TPO; new trees might merit protection; the TPO map might bear little comparison with a modern map. If you are a landowner, our expertise in the evaluation of the TPOs system can help you to oppose an inappropriate order or provide well-reasoned justifications to remove or prune protected trees
How do I find out whether my trees are protected by a TPO?
Most local planning authorities have an online interactive mapping system that you can integrate. Some are still in the dark-ages and you will need to telephone or email your enquiry. You can obtain copies of tree preservation orders from the local planning authority, but most charge for this service.