Credit: Chris Marsh / WTML. 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. 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. We work with the leading experts in respect of trees throughout the South East of England and across England. Before I even got started the local residents wrote to the Council and got a Preservation Order put on the whole of my plot. We are delighted with this outcome and will always be appreciative for your advice, recommendation and the end result here. 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. Jamp. I would recommend taking a step back, possibly getting to know the locals and their concerns would help. You may still have to replant other trees to compensate though. Before I even got started the local residents wrote to the Council and got a Preservation Order put on the whole of my plot. 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 . 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. The trees (as a group rather than individually) must have been deemed of 'visual amenity' to the neighborhood. Click here for a full list of third-party plugins used on this site. To begin with, you cannot touch a tree with a Preservation order on it unless it is dead, dying or dangerous. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). Removing or resetting your browser cookies will reset these preferences. If you break the order you could face a … How to Remove a Tree Preservation Order. We protect trees by issuing Tree Preservation Orders (TPO). A TPO can be applied to a tree of any size or species, but those with a trunk diameter of less than 75mm would not normally be considered. Monday 7th July 2014. Was it used by the locals before you bought it? In the first instance, you should contact your council to check whether the tree in question is indeed subject to a Tree Preservation Order, or TPO. 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. You could try meeting your local residents (hopefully the ones who asked for the TPO). 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. Reply Reply Author. Posts. 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. 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. No warranty, whether express or implied is given in relation to such materials. If the locals know you only plan to create your dream garden, things might be a lot easier. We use cookies to optimise site functionality and give you the best possible experience. COVID-19: We're still operating as normal. Flowchart 2: Varying or revoking a Tree Preservation Order. That’s illegal. A tree preservation order is an order made by a local planning authority to protect trees (either individual or groups of trees or woodlands). In many areas, "mature" trees are defined as trees 4.0 metres or greater in height or half a metre in girth as measured from a point 1 metre from ground level. Apply for a Tree Preservation Order. It continually fills the gutters, casts shadows on the house and I'm worried about future subsidence. 162 posts. The principal purpose of a Tree Preservation Orders (TPO) is to preserve trees which are normally located on privately owned land. I recently bought a piece of land in a residental road. November 2017 in Problem solving. Log in or register to join the conversation. In your application, explain the reasons why you require the removal of it. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. Sounds mad but I can honestly tell you it is the case. If you have any doubts, it is wise to secure good and early legal advice. Thank you again. See our tree preservation order search. Staff made me feel comfortable and were able to convey all information to me in a language that was easy to understand. Most of our work is done remotely via phone and email, making it easy for us to continue our services. Tree preservation order on trees too close to house. Thanks for your excellent advice and expertise in dealing with this so efficiently and with minimum fuss. Where trees are removed, Council may require that trees are replaced of a similar species to those removed from the site. December 2014. Once again, thank you for getting us this result as you know we couldn't have done it without you! SERVING THE MEDWAY TOWNS OF CHATHAM, GILLINGHAM, ROCHESTER, THE REGION OF SWALE, ACROSS KENT AND ENGLAND. A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. 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. Could be, of course that they are just jealous. 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. You have been a great help to me. 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). When you don't need consent. If its untity, used as a dump and never used by people maybe it's just NIMBY. You or your tree contractor can usually apply for work to protected trees on standard forms. Knowledge is knowing that a tomato is a fruit. High Pete, it must vary a lot, as I know ALL trees around here have an automatic TPO! 7 years ago a TPO was placed on a cedar deodora after I enquired about having the tree removed. Please CLICK HERE for more info on our current working arrangements. However, it is always advisable to discuss with your neighbour beforehand. A Tree Preservation Order, or TPO, is usually made by a local planning authority (often the local council) to protect a specific tree or woodland from deliberate damage and destruction. If works are urgent to remove the risk of serious harm, then notification must be given as soon as possible after the works becomes necessary. 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. Third-Party cookies are set by our partners and help us to improve your experience of the website. The council only gets involved if it owns the tree or if the tree is protected by a tree preservation order. davidrmetcalfe Posts: 1. “I am not lost, for I know where I am. ​. Don't risk it. 0 « 1 2 » Go. sometimes a few restrictions bring out the most satisfactory outcomes. A Tree Preservation Order (TPO) is an order made by a local planning authority or council in order to protect trees. You can learn more detailed information in our Privacy Policy. We are very grateful to you for steering us down the correct course, I very much doubt that we would be in this position if we had not sought your wise counsel. My neighbour’s tree(s) encroaches over my boundary, what can I do? 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). Trees and Tree Preservation Orders can often cause significant problems when it comes to planning terms for development issues. The subject is covered by cases and legislation and can provide a useful tool for objectors. There is no charge to apply, and reputable tree contractors will be willing to apply on your behalf if you ask them to do so - they will also probably be able to advise on what will be acceptable and what will not. 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? It is a criminal offence to carry out works to a tree protected by a TPO and ignorance is no defence. That's often why people buy scruffy bits of ground. So Shirley's situation where all the trees of a given plot have been given that status sounds plausible enough. 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. Good ideas to make your intentions clear to both council and local residents. Tree Preservation Orders can help protect woods and trees. 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. 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. Generally they are trees that can be seen from public spaces and add amenity value to the local community. Just letting you know that if it were to die you could remove the tree no problem at all. A Tree Preservation Order is an Order made by a Local Planning Authority (LPA) in respect of trees. I wanted to extend my sincere thanks to all the staff at Kingsley Smith Solicitors LLP. 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’re here to help. 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. 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. Original Poster. Please fill in this form and we'll get back to you, or call us on 01634 811118, We’ll only use this information to handle your enquiry and we won’t share it with any third parties. 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. If your tree has a slight lean, maybe mention that it only happened recently and you are scared of it coming down. Another issue could be protected species (my thing) and that could cause a huge expense in terms of survey work to support planning permission for any change of use. This information was given to me by the local district council arborist. When the TPO was imposed, the tree was less intrusive than it is now. 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. 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. 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. The technology to maintain this privacy management relies on cookie identifiers. 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. Trees are a material consideration when a planning application is submitted, irrespective of whether they are protected or not. There are exceptions to this rule which are set out in the Forestry Act 1967 and Regulations made under that Act. 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. 96 months. Dead: Trees that have died do not need approval for council removal. They’ll let you know the next steps. How to Remove a Tree Preservation Order. Find out more about how we can help you with a tree dispute. In your application, explain the reasons why you require the removal of it. 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… We work with the leading experts in respect of trees throughout the South East of England and across England. Copyright © Kingsley Smith Solicitors LLP. Could be the residents think you want to build on it! It also creates a duty to replant a tree removed … 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. I am delighted to let you know that our application was approved. Dead, dying or dangerous trees, maintained hedges, bushes and shrubs cannot be protected. A TPO aims to protect trees that make a significant impact on their surroundings, for example, if they are a good example of their species or form an important feature within the local landscape. The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. Dovefromabove Central Norfolk UK Posts: 64,825. If it is, then you or your neighbour may need to make a formal application to carry out the necessary works. If your application is successful, the TPO can be confirmed, modified or terminated I wanted to plant my dream garden on it as I live in rented accommodation and longed for a garden of my own. It sounds quite an interesting challenge. If you remove trees or do work to them without permission you could be prosecuted. Trees and Tree Preservation Orders can often cause significant problems when it comes to planning terms for development issues. The Planning Officer has given until Christmas Eve to appeal. I am delighted with the service received and will be pleased to do so again in the future. To find out if a tree is covered by a TPO please view our map below. For more details see our Privacy Policy. This number shall be determined by Council and be planted in appropriate locations. The land is just scruffy woodland and has not been managed or kept tidy and here dont appear to be any beautiful trees. 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. This could include felling, lopping, topping, uprooting or otherwise wilful damage. Having written plans and drawings may help, but you would likely have to stick to them so make sure you get those right. Just got a TPO on some trees in the garden. It was a fairly simple process of a site meeting with the tree officer and agreement to lift the TPOs. TPOs prevents felling, lopping, uprooting or other wilful damage of trees without permission. The power to make such an Order lies with the Local Authority in whose area the tree(s) exist. Thank you so much for your help with this matter been amazing. Thank you so much for the expert advice that was very helpful indeed, helping frame the options/way forward, This is a positive result . A trowel in the hand is worth a thousand lost under a bush. Having a Tree Preservation Order removed. Your common law rights allow you to remove any branches that cross your boundary without the need to seek your neighbour’s permission. Tree preservation order. The tree is now approximately 40 years old, stands around 60 feet tall and continues to grow in every way - even … This can relate to an individual or groups of trees. Protected trees and the law. Preservation orders for trees, commonly called Tree Preservation Orders, differ from council-to-council, but in general apply to most mature trees. Viewing this website, or contacting us does not constitute a solicitor client relationship between you and this firm. But however, where I am may be lost.”, http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation-orders/. If you would like work to be done on a tree, which is covered by a Tree Preservation Order (TPO), you will need to submit a 'Works to Trees' application before any work is started. 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. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. DorsetUK makes an excellent point. I had confidence in them and I believe they really did care. What on earth can I do as I spent my life savings on a plot that is useless unless I can get this removed? Click here for a full list of Google Analytics cookies used on this site. The subject is covered by cases and legislation and can provide a useful tool for objectors. To control which cookies are set, click Settings. 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. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Types of tree protection Tree Preservation Orders (TPO) ... What can I do to protect a tree? The information you need is here http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation-orders/. What on earth can I do as I spent my life savings on a plot that is useless unless I can get this removed? Now I am not telling you to poison your tree. The service provided was extremely professional and helpful. 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. Discussion. Trees will be protected by application of the Tree Preservation Order as adopted on the 27 March 2012 or as subsequently amended. Tree Preservation Orders were introduced to enable Local Planning Authorities to protect important trees. The Planning Officer has given until Christmas Eve to appeal. 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. 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. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. Perhaps you could put up a few pics of the plot. That status sounds plausible enough possible experience located on privately owned land without permission you could put up few... A criminal offence to carry out the most satisfactory outcomes view our map below by a on... The next steps your advice, recommendation and the end result here do... 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