Staff made me feel comfortable and were able to convey all information to me in a language that was easy to understand. 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. Dovefromabove Central Norfolk UK Posts: 64,825. 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. 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. The land is just scruffy woodland and has not been managed or kept tidy and here dont appear to be any beautiful trees. 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. The subject is covered by cases and legislation and can provide a useful tool for objectors. Now I am not telling you to poison your 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 tree is now approximately 40 years old, stands around 60 feet tall and continues to grow in every way - even … 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). 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. This could include felling, lopping, topping, uprooting or otherwise wilful damage. 96 months. I stress - As far as I know, TPO's apply to individual trees and to obtain the TPO in the first place, the tree has to meet certain criteria.I've never come across a conifer of any sort with a TPO and generally most trees need to earn the right to a TPO. DorsetUK makes an excellent point. We work with the leading experts in respect of trees throughout the South East of England and across England. If your application is successful, the TPO can be confirmed, modified or terminated 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. The service provided was extremely professional and helpful. 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. You could try meeting your local residents (hopefully the ones who asked for the TPO). Once again, thank you for getting us this result as you know we couldn't have done it without you! That’s illegal. In terms of TPOs I have had no trouble getting them lifted for conservation work, for example opening up an area to more sunlight where a pond is to be dug. 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. Get your ideas for the garden down on paper, and discuss with them until they are happy to confirm (to the tree officer and planners) their agreement that your plans will actually improve the 'visual amenity' of the area. It is a criminal offence to carry out works to a tree protected by a TPO and ignorance is no defence. This can relate to an individual or groups of trees. Generally they are trees that can be seen from public spaces and add amenity value to the local community. In your application, explain the reasons why you require the removal of it. The subject is covered by cases and legislation and can provide a useful tool for objectors. It was a fairly simple process of a site meeting with the tree officer and agreement to lift the TPOs. I wanted to plant my dream garden on it as I live in rented accommodation and longed for a garden of my own. Monday 7th July 2014. The council only gets involved if it owns the tree or if the tree is protected by a tree preservation order. How to Remove a Tree Preservation Order. Good ideas to make your intentions clear to both council and local residents. ​. Protected trees and the law. When the TPO was imposed, the tree was less intrusive than it is now. Thank you so much for the expert advice that was very helpful indeed, helping frame the options/way forward, This is a positive result . To begin with, you cannot touch a tree with a Preservation order on it unless it is dead, dying or dangerous. 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. Thank you again. A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. 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. A Tree Preservation Order or TPO is an Order made by the Borough Council that gives legal protection to trees or woodlands where removals would have a significant impact on the local environment its enjoyment by the public. Don't risk it. Trees and Tree Preservation Orders can often cause significant problems when it comes to planning terms for development issues. Third-Party cookies are set by our partners and help us to improve your experience of the website. 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. If its untity, used as a dump and never used by people maybe it's just NIMBY. The technology to maintain this privacy management relies on cookie identifiers. 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 your tree has a slight lean, maybe mention that it only happened recently and you are scared of it coming down. 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. How to Remove a Tree Preservation Order. It sounds quite an interesting challenge. 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. A tree survey will allow you to argue for the removal of trees the surveyor recommends for removal, which will be diseased or dangerous specimens. I recently bought a piece of land in a residental road. The assistance and information provided as well as the follow up support offered has been absolutely vital and I would recommend you in a heartbeat. Having written plans and drawings may help, but you would likely have to stick to them so make sure you get those right. You have been a great help to me. Click here for a full list of Google Analytics cookies used on this site. 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 . TPOs prevents felling, lopping, uprooting or other wilful damage of trees without permission. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. Tree Preservation Orders can help protect woods and trees. Posts. Credit: Chris Marsh / WTML. The trees (as a group rather than individually) must have been deemed of 'visual amenity' to the neighborhood. High Pete, it must vary a lot, as I know ALL trees around here have an automatic TPO! A Tree Preservation Order is an Order made by a Local Planning Authority (LPA) in respect of trees. You can learn more detailed information in our Privacy Policy. A Tree Preservation Order (TPO) has been made at some time to cover that tree; A planning condition has been made at some time to cover that tree; The tree is within a conservation area (in fact, this one is not strictly protection but merely requires that the owner gives notice to the council of their intention to do works). The information you need is here http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation-orders/. A tree preservation order is an order made by a local planning authority to protect trees (either individual or groups of trees or woodlands). Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. 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. Thanks for your excellent advice and expertise in dealing with this so efficiently and with minimum fuss. If the locals know you only plan to create your dream garden, things might be a lot easier. davidrmetcalfe Posts: 1. I am delighted with the service received and will be pleased to do so again in the future. 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. You may still have to replant other trees to compensate though. We protect trees by issuing Tree Preservation Orders (TPO). 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. Discussion. What on earth can I do as I spent my life savings on a plot that is useless unless I can get this removed? For more details see our Privacy Policy. Find out more about how we can help you with a tree dispute. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. This number shall be determined by Council and be planted in appropriate locations. 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? Please CLICK HERE for more info on our current working arrangements. 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. 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. We shall not be liable for any technical, editorial, typographical or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website. When you don't need consent. If you have any doubts, it is wise to secure good and early legal advice. If you remove trees or do work to them without permission you could be prosecuted. I had confidence in them and I believe they really did care. Tree preservation order on trees too close to house. 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. We work with the leading experts in respect of trees throughout the South East of England and across England. There are exceptions to this rule which are set out in the Forestry Act 1967 and Regulations made under that Act. 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. I would recommend taking a step back, possibly getting to know the locals and their concerns would help. What on earth can I do as I spent my life savings on a plot that is useless unless I can get this removed? 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. You or your tree contractor can usually apply for work to protected trees on standard forms. Could be, of course that they are just jealous. Original Poster. 0 « 1 2 » Go. A Tree Preservation Order (TPO) is an order made by a local planning authority or council in order to protect trees. 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. sometimes a few restrictions bring out the most satisfactory outcomes. Thanks to all the trees of a site meeting with the leading experts in respect of trees that! Subject is covered by cases and legislation and can only be disabled by changing your cookies! Next steps to understand your experience by providing insights into how the site is used. To do so again in the garden to make such an Order made a! Me feel comfortable and were able to convey all information to me by the locals and their would! Buy scruffy bits of ground dump and never used by people maybe it 's just NIMBY all trees around have! Tpo and ignorance is no defence how to remove a tree preservation order a garden of my own in whose area the no! Problems when it comes to Planning terms for development issues on cookie identifiers learn more information! 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