![]() Local planning authorities can make a Tree Preservation Order if it appears to them to be ‘ expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area‘.Īuthorities can either initiate this process themselves or in response to a request made by any other party. Revision date: 06 03 2014 Who makes Tree Preservation Orders and why? there is no need for Orders made before 6 April 2012 to be remade, amended or reissued.Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained the legal provisions listed in Orders made before 6 April 2012 have been automatically cancelled and replaced by the provisions in the new regulations.Orders made before 6 April 2012 continue to protect the trees or woodlands they cover.The Town and Country Planning (Tree Preservation)(England) Regulations 2012 introduced a single set of procedures for all trees covered by tree preservation orders. Revision date: 06 03 2014 What happens to Tree Preservation Orders made before the Town and Country Planning (Tree Preservation) (England) Regulations 2012 came into force on 6 April 2012? Part 6 of the Localism Act 2011 amended section 210 of the Town and Country Planning Act 1990 concerning time limits for proceedings in regard to non-compliance with Tree Preservation Order regulations. Section 192 of the Planning Act 2008 made further amendments to the 1990 Act which allowed for the transfer of provisions from within existing Tree Preservation Orders to regulations. The law on Tree Preservation Orders is in Part VIII of the Town and Country Planning Act 1990 as amended and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 which came into force on 6 April 2012. Revision date: 06 03 2014 What are the relevant laws? It is important that trees are inspected regularly and necessary maintenance carried out to make sure they remain safe and healthy. This will help to maintain and enhance the amenity provided by protected trees.Īrboricultural advice from competent contractors and consultants, or the authority, will help to inform tree owners of their responsibilities and options. However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. The local planning authority cannot require maintenance work to be done to a tree just because it is protected. 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. 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. ![]() Revision date: 06 03 2014 What are a tree owner’s responsibilities? In the Secretary of State’s view, cutting roots is also a prohibited activity and requires the authority’s consent. If consent is given, it can be subject to conditions which have to be followed. Of trees without the local planning authority’s written consent. Tree Preservation Orders – general What is a Tree Preservation Order?Ī Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. ![]()
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