There are a number of ways in which trees can be protected by law in the UK. The most common are Tree Preservation Orders and Conservation Areas. Other examples include restrictive covenants in property deeds and tree felling licences. We can help you resolve problems relating to trees that have legal protection or act as your agent for making applications, appeals for works to protected trees. Read on for more details.
Tree Preservation Orders (TPOs)
A Tree Preservation Order is a land charge administered by a Local Planning Authority (LPA), typically the planning department of your local Council. Tree Preservation Orders prohibit the topping, lopping or wilful damage or destruction of specified trees without the consent of the LPA. Some trees are exempt if they are causing a nuisance (in the legal sense), or dead or dangerous.
Our Tree Preservation Order services include:
- objections to new Tree Preservation Orders;
- making applications to work on Tree Preservation Order trees;
- providing supporting evidence for applications to work on Tree Preservation Order trees;
- appealing a refusal of consent to work on Tree Preservation Order trees;
- appealing conditions attached to a consent to work on Tree Preservation Order trees;
- making 5 day notices for trees causing a nuisance or that are dead or dangerous;
- reviewing Tree Preservation Orders to determine if they are valid.
Trees in a Conservation Area
A Conservation Area is designated by a Local Planning Authority (LPA) in areas of architectural importance. In a Conservation Area landowners and occupiers have a legal duty to notify the LPA (typically the planning department of the local Council) of the intended removal of trees. This gives the LPA the opportunity to protect the trees with a Tree Preservation Order if it objects to the proposal. Certain trees are exempt depending on their size and condition. Tree Reports Ltd Conservation Area services include:
- Notifications for tree works in a Conservation Area (also known as a section 211 notice)
- 5 day notices for removal or remedial works to dead or dangerous trees.
- Discharge of duty to plant replacement trees.
Other types of legal tree protection
Besides Protected trees , We can also provide expert advice on obtaining a Tree Felling Licence from the Forestry Commission, as well as assistance with issues relating to legal covenants.