Tree preservation order TPO
 New regulations
Important new regulations, The Town and Country Planning (Tree Preservation) (England) Regulations 2012, came into effect on 6 April 2012. The new regulations are intended to streamline the system, making it simpler to administer as well as clearer and fairer for those affected by its rulings.
 Key changes
All tree preservation orders (TPOs) are now on the same footing, governed by one new set of regulations which use the powers in section 192 of the Planning Act 2008 to replace (in so far as they relate to England):
- The Town and Country Planning (Trees) Regulations 1999 (SI 1999, No.1892).
- The Town and Country Planning (Trees)(Amendment)(England) Regulations 2008 (SI 2008, No.2260).
- The Town and Country Planning (Trees)(Amendment No. 2)(England) Regulations 2008 (SI 2008, No.3202).
- Subsections 198(3), (4), (6), (8) and (9), and sections 199, 201, 203-205 of the Town and Country Planning Act 1990.
The duty imposed on authorities by section 197 of the Town and Country Planning Act 1990 to create TPOs when granting planning permission remains unchanged. The power established by section 198 to create TPOs in the interests of amenity also remains unchanged.
 Summary of TPOs
 What can be protected?
All types of trees can be protected, including hedgerow trees (but not hedges). TPOs can protect individual trees, groups of trees, areas or woodlands, where it is considered that trees make a significant visual contribution to the locality and are of benefit to the general public.
 What is the effect of a TPO?
The principal effect of a TPO is to prohibit the cutting down, topping, lopping, uprooting, willful damage to or willful destruction of protected trees or woodlands. This applies to roots as well as stems and branches.
 Why make a TPO?
To prevent the loss of trees that are in imminent danger of being felled or damaged, or where they need to be protected in relation to a planning application provided that they make a significant contribution within the local surroundings. A TPO would not normally be made where the trees are well managed or a management agreement with the Forestry Commission is in place.
 TPO criteria
The criteria are:
- Biological life expectancy.
- Safe useful life expectancy.
- Importance of position in the landscape.
- Visual amenity value to people.
- Presence of other trees.
- Relation to setting.
- Condition and form.
 TPO process
If the local authority decides an order is justified it will serve the order on the relevant parties stating the consultation period, which is a minimum of 28 days. This allows statements of support or objections to be submitted.
 Informing interested parties
The new regulations require authorities to inform only those who have a right to prune or fell the trees covered by the TPO. Authorities will still be able to notify others, but this is now discretionary.
 Protection phases
Under the new regulations, TPOs provide two phases of protection:
- Protection is immediate, from first notification and this provisional phase lasts for six months. After this date protection will lapse unless confirmed by the local authority.
- If there are no objections, the TPO will be confirmed by the local authority and converted to long-term protection without further consultation. Where objections are made, these will be considered before a decision is taken whether to confirm the order or not.
An order can be confirmed with or without modification. A modification can see the removal of a tree or trees from the TPO, but cannot add additional trees to the TPO, this would require a new TPO to be made.
Under the old regulations, there were several circumstances where consent from the local planning authority was not required to carry out work to protected trees. This included trees that were dying, dead or had become dangerous. The broad scope of this exemption presented some uncertainty for those wanting to carry out what they believed to be exempt work.
 Prior notification
Under the regulations that have been replaced, when a local planning authority granted consent to remove a protected tree, they considered whether a condition requiring a new tree to be planted was necessary. However, when replacement planting was required in woodland, the authority gave the landowner a direction (not a condition) to replant.
- For all tree preservation orders made before 2 August 1999, local planning authorities were able to issue an Article 5 certificate which removed their liability to pay compensation. These certificates were issued where the authority was satisfied that their decision was made in the interests of good forestry practice or that the trees or woodlands were of outstanding or special amenity value.
- The 1999 Regulations introduced a revised and more clearly-defined compensation framework for orders made on or after 2 August 1999.
The new regulations extend the approach in the 1999 Regulations by removing the power to issue Article 5 certificates. The same compensation framework therefore now applies to all TPOs, irrespective of when they were made.
Anyone who commits an act in contravention of a TPO is liable, on conviction in a Magistrates Court, to a fine of up to a £20,000. For a serious offence, a person can be committed for trial in the Crown Court and if convicted, can be liable to an unlimited fine.
In conservation areas, the cutting down , lopping or topping of trees must notified to the local authority 6 weeks in advance so that they can consider whether the tree contributes to the character of the conservation area and whether to impose a tree preservation order.
This article was created by --Alex Harvie 11:18, 21 September 2012 (BST)
 Related articles on Designing Buildings Wiki
- Ancient woodland.
- Chain of custody.
- Conservation area.
- Designated areas.
- Definition of tree for planning purposes.
- Ecological survey.
- Forest ownership.
- Green belt.
- Landscape architect.
- Landscape officer.
- Listed buildings.
- Permission for felling or lopping a tree.
- Protected species.
- Sites of Special Scientific Interest.
- The benefits of urban trees.
- Tree dripline.
- Tree hazard survey.
- Tree protection during construction.
- Tree rights.
- Tree root subsidence.
- Trees in conservation areas.
- What approvals are needed before construction begins.
 External references
The first ‘Virtual School’ hosted by the IHBC was launched on 19 June with lead speakers covering pandemic-related topics shaping valued places over two sessions.
Plans are in place for a modified National Heritage Week for Ireland, which take into account ongoing restrictions on events and gatherings due to COVID-19.
Opened in 1901, and derelict for the last 30 years, the Grimsby Ice Factory is the earliest and largest known surviving ice factory in the world. It still contains an array of historic ice making equipment including four J&E Hall ammonia compressors installed in 1931.
A note on contractual obligations under the current COVID-19 pandemic has been issued by The Chartered Institute of Architectural Technologists(CIAT).
The Royal Town Planning Institute (RTPI) has called on the government to urgently issue planning guidance to prevent unnecessary delays to development from the pandemic.
The Heritage Fund has put together a list of heritage-inspired activities to be done from home.
Spring is a good time to stand back and consider any building repairs that are required over the next 12 months, notes the LPOC, and regular inspection and maintenance is the key to keeping homes in good repair, as per its accessible step-by-step guidance.
Derbyshire Fire and Rescue Service said “rapid and effective firefighting” had saved three quarters of the mill – which is now apartments.
Police have appealed for witnesses after thieves stole lead from the roof of All Saints Church in Halsham near Hedon during the coronavirus lockdown.
The regular newsletter showcases the IHBC’s own Continuing Professional Development (CPD) content as well as online opportunities from ‘IHBC Recognised CPD Providers’ and other conservation related training and events.
To make sure the public still has access to twelve of those famous works, #WrightVirtualVisits has been launched, which offers virtual tours of 12 iconic houses.
The Construction Industry Council’s (CIC’s) ‘CIC Coronavirus Digest – Issue 8’ surveys the latest government advice with updates from the construction industry.