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Tree Preservation Orders

How are Tree Preservation Orders Made?

First, one of our qualified staff will assess the tree(s). The tree will have to pass a number of key tests.

  • It should be in a reasonably, healthy and safe condition, or capable of being made so, and likely to have reasonably long life expectancy.
  • It should be a good and attractive specimen and not be seriously misshapen or damaged.
  • It should make a visual contribution to the community at large and not be simply for private benefit.
  • It should not be so close to existing or proposed buildings that it will seriously diminish amenity interests of occupiers or the buildings' structural stability.

 

It is not practicable to protect every tree falling in the above categories so a TPO is normally considered where a tree is at risk, such as through proposed building development.

If a TPO is considered appropriate, our first step will be to make a "Provisional TPO ". This has immediate effect but only lasts for six months and will then lapse unless we formally make it a "Confirmed TPO ".

 

Copies of a provisional TPO will be served on all owners and occupiers of land directly affected by the Order. All new TPO 's are recorded on the Local Land Charges Register which will mean that they appear in the conveyancing search when a property is being sold.

 

If you wish to object to a provisional TPO you must do so in writing, within 28 days of the Notice being served. You must make clear which tree(s) you are objecting to and why. These objections are often resolved by voluntary negotiation. Otherwise, our Planning Committee will decide whether or not to confirm the Order.

In the case where no objection is made to a provisional TPO , we will normally simply confirm the Order upon expiry of the objection period (42 days).

 

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