Local planning authorities protect trees in the interests of amenity by making Tree Preservation Orders (TPOs). Provisions are spread across primary and various secondary legislation and different rules apply depending on when the TPO is made. The Regulations are a means to simplify the TPO system. This reflects the Government’s ambition to cut through red tape that adds costs and puts unnecessary burdens on individuals, business and local government. Using powers of the Planning Act 2008, these regulations put a simpler, fairer unified system in place for all existing and future TPOs in England.
TPOs are usually made by local planning authorities to protect selected trees and woodlands in the interests of amenity. TPOs prohibit the cutting down, uprooting, topping, lopping, wilful destruction or wilful damage of protected trees without the consent of the local planning authority.
Local planning authorities have been using TPOs to protect trees and woodlands since the modern planning system was set up in 1947. The current regulations are the 1999 Regulations, which incorporate a model form of TPO in the Schedule to the Regulations. But different TPOs are subject to different rules and procedures depending on when they were made. The rules governing trees protected in 1971 do not mirror those governing trees protected in 2001. Over time this has produced an unnecessarily complicated system.
The previous legislation and TPOs have provided a good level of protection for trees that provide significant amenity value. Legislation continues to be required to protect such trees in order that protection can be enforced, with the Courts serving penalties for offences where necessary. The consolidated and streamlined regulations will not change current levels of protection for trees, nor will they impose any new burdens.
