Protected trees & the law

TREE PRESERVATION ORDERS

The local authority is responsible for the making and administration of Tree Preservation Orders (TPOs), and if you own a tree that is protected by a TPO then the legislation requires that you first obtain the Council's permission for any tree work you wish to do. 

Any application for tree work is made using a standard application form (1APP). A compulsory component for the validation of applications where there are concerns that the tree might be diseased, or break or fall, is the requirement for written arboricultural advice to be provided to support the proposals. This requirement extends to any proposals based on alleged damage to property caused by roots, including subsidence, or problems with pavements and driveways.

It is important to note that under the TPO application appeal process, only evidence submitted when the application was originally made can be considered by the Appeal Inspector. It is therefore vital that sufficent evidence is provided to justify the proposed works at the earliest stage of the application process. 

 

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AD Tree Consulting can submit detailed applications for tree works on behalf of our clients, and when necessary, provide reports to support the application. 

If a TPO has been made on your tree then AD Tree Consulting can advise you on the implications, and depending on the circumstances, may also be able to provide evidence in support of an objection to the making of the TPO. 

 

CONSERVATION AREAS

Anyone wishing to undertake works to trees within a conservation area, has to give six weeks notice to the local authority. 

During the six week notice period the local authority can assess the contribution that the tree makes to the character of the area and decide whether to place a TPO on it. Anyone not complying with this requirement is liable to the same penalties as applies to the TPO legislation.

 

HIGH HEDGES

A high hedge is defined as "a line of two or more evergreen, or semi-evergreen, trees or shrubs which are two or more metres high and which, because they are too tall, cause problems like blocking light". 

 

The local authority has powers to deal with complaints about high hedges, if all other attempts to resolve the situation have failed. The legislation is part of the Anti-Social Behaviour Act 2003 and covers complaints by an owner or occupier that the reasonable enjoyment of their property is spoilt by a high hedge on another person's land, on the grounds that the hedge is too tall.

 

AD Tree Consulting can offer advice on the likelihood of success with a high hedge complaint, and if necessary, help to explain your concerns to your neighbour and offer advice on the long term management of the hedge.