If you're wondering how you can get a TPO taken off a tree, or removed, or anulled, or lifted or whatever, then read on carefully. You might be able to get what you want, but revoking the TPO is almost certainly not the way it is going to happen. Note for a start that the only way to completely remove a TPO is for the council to revoke it.
Revoking a TPO is a tiresome business, as much work as making a new one, and it is very rare indeed. If it happens at all, the usual reason is if there has been some mistake in the making of the Order and a new one is needed to correct it. It is very, very unusual for councils to revoke TPOs because a landowner asks them to do so.
And there's a reason for that. Lifting a TPO at the request of a landowner is rare because the law intentionally provides other far easier and simpler methods of achieving what the landowner wants. If you choose not to use those methods you will need to explain to your council why you will not. And you'd better have a good reason. Most people who want to revoke a TPO want to do works to trees, or remove the trees.
They think that before they can do these works, they need to have the TPO removed. They are wrong about that. If you want to do works to the trees, don't try to remove the TPO. You only need to apply to the council to do the works. If you've got a good enough reason then the local council will allow it. If not, they won't.
And if they refuse unreasonably, there is an appeal process which is set out in the law. And yes, that is generally free as well. If you're in any doubt as to how to do this, engage a local tree surgeon who is familiar with the local authority, and get them to put in an application for you or do it yourself for which there should be no charge. If despite all this you still think you want to get a TPO revoked, then there is only one way to do it.
You need to persaude your local council that this is a good idea. They cannot be forced to revoke an order, but if they decide to, then they can. So, just like making a new order, you need to approach your local council and discuss it with the tree officer. And a word of advice, from long experience - if you have not already made an application to do the works you want to do beforehand, and had it refused on appeal, they will probably not take you very seriously.
Although it is possible to make TPOs on any trees, in practice they are most commonly used in urban and semi-urban settings, for example gardens and parkland. A TPO is to protect trees for the public's enjoyment.
It is made for the 'amenity' of the tree or woodland, and this can include its nature conservation value but more often means its visual amenity. However, it does mean that if a tree is not visible or accessible from a public place - even slightly- a TPO cannot usually be enforced. Not all trees are suitable for protection. A TPO may only be used to protect trees and cannot normally be applied to bushes, shrubs, or hedges.
TPOs can be placed on any trees including hedgerow trees but not hedges themselves see Hedgerows. If a tree is 'dead, dying or dangerous' then it is normally not suitable for a TPO either - although defining these conditions is very hard and often needs expert advice.
It is also often the case that a tree is threatened by development. Once planning consent has been granted, and if that consent gives implicit or explicit consent to fell or do works to a tree, then it would be pointless to make a TPO on the tree as a TPO is over-ridden by planning consent.
According to current guidance, the term 'tree' is not defined, for these purposes, but the High Court has held in that a 'tree' is anything which ordinarily one would call a tree. The good news is there are several things you can do to protect and save the trees in your area that matter to you. Think about your local area and the tree or group of trees that matter to your neighbourhood.
It's better to secure protection while trees are healthy and under no threat of removal, and you can do this with a Tree Preservation Order. It makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy protected trees without prior written consent from your local authority. It also creates a duty to replant a tree removed without consent.
While the aim of a TPO is to protect the amenity value which a tree offers, there are clear environmental benefits too, so it's a useful tool for protecting your local environment. TPOs protect all types of tree — including specific trees, groups of trees, areas or woodlands. This includes privately-owned trees if they provide public amenity benefits. TPOs can be suitable for general preservation of trees, but also in emergency cases, such as when new developments pose a threat.
Hedgerows are protected by specific measures under the Hedgerows Regulation Find out more about the different types of protection in our briefing Protecting trees, woodlands and hedgerows: a practical guide. When making a TPO application it's important to stress to the council both a tree's visual amenity value and any documented records of wildlife it supports.
Once in place, a TPO allows a council to prosecute people who ignore these protection orders and fines can be quite significant. TPOs can also influence planning decisions. Any proposed development would have to consider trees with TPOs as part of the project works, which ensures the public are fully aware of any threats to trees as part of the consultation process.
TPOs are recorded on local authority registers, and this helps build a vital picture of the various species of trees across the country. Check your council website for details or a map. Alternatively you can search data. If you're still unsure whether a TPO already exists, ask someone in your local council, such as a Tree Officer or someone in the planning department. They can also advise whether issuing a TPO is appropriate. If your council website doesn't publish TPO details, please encourage them to make this information public.
Contact your Tree Officer or planning department, or consider submitting an Environmental Information Request. When a new planning proposal arises, your local authority should consider creating a TPO to secure protection for any important trees. But as there's no guarantee that your local authority will do so, you could also request a TPO yourself. Most local authorities will ask you to complete a written request or online form.
Requests must include a map showing the location of the tree or trees that you wish to be protected, the tree species, and the reason for your request.
This is particularly important where trees are in immediate danger. All types, including hedgerow trees, but not hedges, bushes or shrubs. The order can cover anything from a single tree to woodlands. Details of orders are available for inspection at the Council offices. An official search of the local land charges register can also be made before you purchase a property. This should reveal the existence of a tree preservation order or whether your property is in a conservation area.
Make sure your solicitor tells you if any trees are protected. You can also establish whether a tree is protected by a Tree Preservation Order, by completing our Online form. To request a copy of a TPO please complete our Online form. Check with Three Rivers District Council. We have a register of applications and decisions which you can look at. Contact Three Rivers District Council with details of the trees and the reasons why you think they should be protected.
Three Rivers District Council may make an order which comes into effect immediately and remains in force for up to six months. ThreeRivers District Council will write to the owner and other interested parties, enclosing a copy of the order. If you or anyone else wants to object to or support an order, write saying why and giving details of the relevant trees.
The planning authority will take these comments into account when it decides whether to confirm the order.
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