Under section 198 of the Town and Country Planning Act 1990, a local authority can make a “Tree Preservation Order” (TPO) with regard to individual trees, or groups of trees, or even woodlands in their area. TPO's control what you can do with your trees.
Creating a TPO
There are essentially two steps in the process of creating a TPO.
The first step is for the local authority to “make” their TPO. At that point, the local authority will serve affected landowners a notice, specifying which trees they are seeking to protect, and explaining their reasons for doing so. They will also specify a date, no less than 28 days later, by which people can send in objections to the TPO. If you are unhappy with the idea of a TPO, you should object.
The second step is for the local authority to “confirm” their TPO. In deciding whether to confirm, the local authority will have to consider objections in determining whether or not to “confirm” the TPO.
The only catch is that, under Regulation 4 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012, a TPO takes “provisional” effect from the moment it is made. That provisional effect is just as binding as a full TPO, and carries the same legal force. These are known as “temporary TPO's”, but they are only temporary in the sense that they have a potential expiry date, that being the sooner of:
- The date the TPO is confirmed
- The date the local authority decides not to confirm; or
- Six months elapsing from the date the TPO was made
When a temporary TPO is made on your tree, and it has provisional effect, that means that it is unlawful to cut down, lop, or wilfully damage the tree without the local authority’s consent from the moment the TPO is made.
It is important to note that a TPO does not change who is responsible for looking after the trees, or for any damage the trees may cause. All a TPO does is make it unlawful to chop, cut, lop, or damage, the tree without seeking the local authority’s permission first.
Are you unhappy with a TPO that has been applied to your garden? We can help you and either guide you on what to put in your own objection or write an objection for you. Read our guide on objecting to a tree order, or contact us for more information today.
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