Preservation orders for trees, commonly called Tree Preservation Orders, differ from council-to-council, but in general apply to most mature trees. 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? 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… To find out if a tree is covered by a TPO please view our map below. Trees will be protected by application of the Tree Preservation Order as adopted on the 27 March 2012 or as subsequently amended. If you break the order you could face a … How to Remove a Tree Preservation Order. Click here for a full list of Google Analytics cookies used on this site. We protect trees by issuing Tree Preservation Orders (TPO). 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. Was it used by the locals before you bought it? The power to make such an Order lies with the Local Authority in whose area the tree(s) exist. Before I even got started the local residents wrote to the Council and got a Preservation Order put on the whole of my plot. November 2017 in Problem solving. The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. Could be the residents think you want to build on it! 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. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. There are exceptions to this rule which are set out in the Forestry Act 1967 and Regulations made under that Act. I wanted to extend my sincere thanks to all the staff at Kingsley Smith Solicitors LLP. We use cookies to optimise site functionality and give you the best possible experience. 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. 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. For more details see our Privacy Policy. However, it is always advisable to discuss with your neighbour beforehand. The information you need is here http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation-orders/. Viewing this website, or contacting us does not constitute a solicitor client relationship between you and this firm. 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). Credit: Chris Marsh / WTML. When the TPO was imposed, the tree was less intrusive than it is now. We work with the leading experts in respect of trees throughout the South East of England and across England. sometimes a few restrictions bring out the most satisfactory outcomes. How to Remove a Tree Preservation Order. Monday 7th July 2014. davidrmetcalfe Posts: 1. SERVING THE MEDWAY TOWNS OF CHATHAM, GILLINGHAM, ROCHESTER, THE REGION OF SWALE, ACROSS KENT AND ENGLAND. I am delighted with the service received and will be pleased to do so again in the future. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). Now I am not telling you to poison your tree. My neighbour’s tree(s) encroaches over my boundary, what can I do? 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 . That's often why people buy scruffy bits of ground. The tree is now approximately 40 years old, stands around 60 feet tall and continues to grow in every way - even … It sounds quite an interesting challenge. Generally they are trees that can be seen from public spaces and add amenity value to the local community. See our tree preservation order search. 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. To control which cookies are set, click Settings. To begin with, you cannot touch a tree with a Preservation order on it unless it is dead, dying or dangerous. In your application, explain the reasons why you require the removal of it. 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. 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. You or your tree contractor can usually apply for work to protected trees on standard forms. 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. That’s illegal. Don't risk it. The Planning Officer has given until Christmas Eve to appeal. 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. 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. 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. 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