Changes to Tree Preservation Orders
Thursday 12th July 2012
On 6th April 2012 new regulations put all Tree Preservation Orders (TPOs) onto the same footing and consolidated the existing legislation into one new set of regulations. TPOs can cover individual trees or whole areas and it is essential that landowners are aware of their responsibilities.
The new regulations have introduced the following changes : -
- Where a Local Authority decides to make a TPO, the tree/s will be immediately protected for a six month period whilst the Authority considers any objections/representations before deciding whether to confirm the order.
- Local Authorities are now only required to serve new tree preservation orders on those who have a right to prune or fell the trees. Adjoining owners and occupiers will no longer be notified.
- The previous TPO regulations did not require Local Authority consent to be obtained for work to protected trees which were dead, dying or dangerous. The exemption for dying trees has been removed.
- A new exemption for removing dead branches has been introduced.
- Except where there is an urgent risk to safety the tree owner must now give at least 5 working days written notice of proposed work on dead trees (this was previously a recommendation but is now a requirement).
For advice on your responsibilities contact Elizabeth Lewin