Fuller Long has dealt with a number of cases that require the consideration of Protected Trees when looking at the development opportunities.
Protected trees are a particularly important consideration in planning and can be a ground by which a Council may refuse a scheme. A Tree Preservation Order (TPO) is made by a Local Planning Authority (LPA) to protect specific trees, groups of trees or woodlands in the interests of amenity. If a TPO is made, it prohibits any works that would impact on the tree or its roots without the LPA’s written consent. Non-compliance with this is a criminal offence. Trees are also protected in conservation areas and therefore applications are required for either works to or the removal of such trees.
There are three common ways in which a tree can be protected:
- A TPO of a single tree – This is often awarded if there is a tree of local significance or a rare species.
- A TPO of an area of trees – This is often awarded where there are a number of prominent trees and so a blanket order is considered more appropriate.
- Trees located in a Conservation area – Trees in conservation areas not covered by a TPO are protected by planning law. Works require a notification to the LPA 6 weeks prior to commencement to give the Council time to decide on whether to put an official order on the tree(s) in question.
If your site does have a TPO associated with it then fear not! Protected trees can still be removed should it be proven that the loss can be mitigated. In cases such as these we may require that an Arboricultural Assessment is carried out to determine whether a tree needs to be considered as part of a proposal or whether it can be removed and a new tree planted elsewhere. Therefore the need for an Arboricultural Assessment to accompany an application will be considered as part of our Initial Research.
If you are concerned how a protected tree might impact on your development, or just wish to discuss your situation, please contact us on 0845 565 0281 for a no-obligation conversation with one of our experienced team of consultants.