Many trees in the UK are legally protected, typically by Tree Preservation Orders (TPO), Conservation Areas, Planning Conditions and Restrictive Covenants.
Tree Preservation Orders (TPO’s)
TPO’s are made by the Local Planning Authority (LPA) to protect trees which make a significant contribution to the local amenity value. However, large trees when growing close to housing and in residential areas may cause a nuisance or outgrow the available space.
A TPO allows the LPA an element of control over the management of the protected trees. In the majority of cases written permission is required for any work to protected trees. Failure to obtain consent can result in criminal prosecution with a fine.
CBA Trees is able to provide expert advice on all aspects of TPO’s including the making, serving and administration of Orders, an assessment of the viability and enforceability and appropriateness of an Order, and make representations to the LPA in respect of works. Where necessary, CBA Trees can appeal against the decision.
Trees in Conservation Areas
Conservation Areas are localities which have been identified by the LPA as having special architectural or historic interest. The designation does not only relate to built form but includes the overall character of the area which covers green spaces, parks, gardens and trees.
If it is intended to carry out works to trees within a Conservation Area it is imperative that six weeks written notification is provided to the LPA. Failure to make a written notification could result in a fine.
CBA Trees can provide detailed advice in relation to trees in Conservation Areas and make representations to Local Authorities in respect of tree management if required.
Restrictive Covenants
A restrictive covenant is a private agreement between land owners which may restrict the way land can be used and developed. They are enforceable by one landowner against another and effectively allow a form of private planning control. Such covenants are privately agreed and then placed in the title deeds to the property. The covenants may be passed onto subsequent owners.
CBA Trees can provide advice and support in respect of restrictive covenants in relation to trees and can assist clients in achieving a satisfactory outcome.
