During the course of conveyancing, a local search occasionally reveals a Tree Preservation Order (TPO). While we know this signifies protection, I decided to look into which types of trees are likely to be covered and why.
What is a Tree Preservation Order?
A Tree Preservation Order is more commonly referred to as a TPO and is an order made by a local planning authority to protect specific trees, groups of trees, or woodlands from being cut down, uprooted, topped, lopped, or destroyed without permission.
A TPO is therefore used to preserve trees that are considered to be of significant value, either for their visual amenity, historical importance, ecological contribution, or for the health and safety of the environment.
TPOs are typically applied to trees that:
1. Enhance the landscape: Trees that contribute to the beauty of an area or improve the local scenery.
2. Provide habitat: Trees that support wildlife and biodiversity.
3. Have historical or cultural significance: Trees that have a link to the community's heritage.
4. Provide public benefits: Trees that help with environmental issues like air quality, carbon absorption, and flood prevention.
5. Mature Trees: Older, well-established trees that contribute to the landscape and provide ecological benefits.
6. Rare or Special Trees: Species that are rare, threatened, or have special significance in the local area, like protected or endangered species.
7. Trees in Conservation Areas: Trees within certain designated areas, such as conservation areas or places of natural beauty.
8. Trees with Special Aesthetic Value: In some cases, particularly attractive or notable trees in urban settings may be protected for their aesthetic contribution to the area.
What if I Breach a TPO?
It should be noted that a local council or planning authority has the power to place a TPO on any tree they deem important, regardless of species. While the order is usually applied to individual trees, it can also apply to groups or woodlands.
Once a tree is protected by a TPO, any work intended to be carried out on the protected tree must first be approved by the local planning authority. If someone is found to have carried out work on a TPO-protected tree without permission, they could face legal consequences, including fines or requirements to restore the tree to its original condition (although the practicalities of restoring a cut down tree are questionable).
From the public’s perspective, it's crucial to be aware that breaching a TPO can result in serious legal and financial consequences. Breaching a TPO typically involves actions like damaging, removing, or pruning a protected tree without approval from the local council or relevant authority.
Here’s what could happen if you breach a TPO:
1. Fines: You could be fined if you carry out work on a protected tree without permission. Fines can be substantial. For example, in the UK, fines can go up to £20,000 if convicted in a magistrates’ court, and even higher if the case goes to the Crown Court.
2. Criminal Prosecution: Breaching a TPO is a criminal offence. If you damage or remove a protected tree, you can be prosecuted, and a criminal record may result, depending on the severity of the breach.
3. Restoration Costs: You may be required to replace or restore the tree. If the tree is damaged or destroyed, the local council may require you to plant a replacement or restore the area to its previous condition.
4. Damage to Reputation: A TPO breach can negatively impact your reputation, especially if you’re involved in construction, landscaping, or land management.
So, the presence of a TPO is to be taken seriously as the punishment is great for a breach. When planning to lop that large aged oak tree in your garden, always check with the local council or relevant authorities before making any changes to avoid penalties being imposed. Equally, make sure that any contractor is aware of this before letting anyone undertake work on your behalf.
If you do have a TPO then the correct course of action is to approach the council for permission to lop or remove branches and planning permission will be issued to allow you to proceed. This planning permission will then show in any future local search certificate obtained by a buyer of the property.
How Can Timms Help You?
If you have any questions relating to this blog or require a free quotation, please contact the Conveyancing team on freephone 0800 011 6666 or at legal@timms-law.com.
