Planning Applications Fortree Preservation Orders

Local Authorities have the power under the Countryside and Rights of Way Act to create TPO’s (Tree Preservation Orders). These may be on individual trees, groups of trees, or woodlands. The purpose of a TPO is to protect trees against removal or improper pruning that would result in a significant loss of amenity. We are able to aid in planning applications for remedial work to trees with Tree Preservation Orders or that are within a Conservation Area and advice in Tree Preservation Order appeals.

Applying to Remove or Prune a Protected Tree

Before removing or commencing any work to protected trees, permission must be obtained from the local authority. This process usually takes 8 weeks from the date of submission of a “Formal Application to Carry Out Works to Protected Trees”. An accurate arboricultural description of the proposed works is required along with a map indicating the position of the tree(s). Broad Oak Tree Consultants are able to act as agents and submit a ‘Formal Application to Carry Out Works to Protected Trees’ on your behalf. With the client’s approval our consultants can meet the Tree Officer on site to discuss the proposed works. We are not able to guarantee permission, but our expertise and realistic expectations means that applications tend to met with favour.

Appealing Against a Decision

If a local authority choose not to grant permission for the tree-works applied for, tree owners have the right to appeal. Broad Oak Tree Consultants are able to advise whether tree owners have reasonable grounds for appeal and are able to act as agents on client’s behalf. Our consultant’s arboricultural expertise will aid to lodge a formal and professional appeal which will increase chances of a successful outcome.

Objecting To a TPO

When local authorities make a TPO, they must consider all representations made about the provisional TPO. This means that tree owners have an opportunity to air any grievances before the TPO is officially confirmed. Broad Oak Tree Consultants are able to advise whether there are good grounds for objecting and are able to act as agents on client’s behalf. If our consultants feel that the local authority has not followed correct procedures or adhered to Government guidelines, we may agree to represent clients using our knowledge and expertise to increase your chances of a successful objection.

High Court Challenge

Once a Tree Preservation Order has been confirmed, there is no further right of appeal. However, it is possible to apply to the High Court for the Order to be quashed. Such a challenge may not be mounted on the merits of the tree. Only the legality of the Order may be called into question.