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

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