Reply Reply Author. Consent is not needed to remove a tree that is: Dead; Dangerous; However, you must notify us at least five working days before the works starts. We work with the leading experts in respect of trees throughout the South East of England and across England. When the TPO was imposed, the tree was less intrusive than it is now. Copyright © Kingsley Smith Solicitors LLP. Please enter the verification code, Your choice regarding cookies on this site, Planning Project Compensation, Comments And Objections, Property Developers, Businesses & Landlords, Commercial Litigation & Business Disputes. I don't think it is a closed case Shirley, but you may have to take things carefully and be aware of the issues that you may face along the way. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. ​. I wanted to extend my sincere thanks to all the staff at Kingsley Smith Solicitors LLP. If you'd like to know how to remove a tree preservation order, please follow the steps below: Write to the local council or authority who set the TOP in place. If you'd like to know how to remove a tree preservation order, please follow the steps below: Write to the local council or authority who set the TOP in place. If the locals know you only plan to create your dream garden, things might be a lot easier. In your application, explain the reasons why you require the removal of it. You or your tree contractor can usually apply for work to protected trees on standard forms. I think Dove probably hit the nail on the head regarding the locals fearing development, so even if you get around the tree issue, expect the next issue will be the site is full of bats, great crested newts and dormice, all of which have their habitat protected under the Wildlife and Countryside Act . When you don't need consent. If you have any doubts, it is wise to secure good and early legal advice. We use cookies to optimise site functionality and give you the best possible experience. Before I even got started the local residents wrote to the Council and got a Preservation Order put on the whole of my plot. It was a fairly simple process of a site meeting with the tree officer and agreement to lift the TPOs. SERVING THE MEDWAY TOWNS OF CHATHAM, GILLINGHAM, ROCHESTER, THE REGION OF SWALE, ACROSS KENT AND ENGLAND. A Tree Preservation Order (TPO) is a legal tool to prevent harm being done to trees. Having written plans and drawings may help, but you would likely have to stick to them so make sure you get those right. Thank you so much for your help with this matter been amazing. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. Trees will be protected by application of the Tree Preservation Order as adopted on the 27 March 2012 or as subsequently amended. TPOs prevents felling, lopping, uprooting or other wilful damage of trees without permission. Apply for a Tree Preservation Order. The tree is now approximately 40 years old, stands around 60 feet tall and continues to grow in every way - even … The principal purpose of a Tree Preservation Orders (TPO) is to preserve trees which are normally located on privately owned land. If it is, then you or your neighbour may need to make a formal application to carry out the necessary works. Find out more about how we can help you with a tree dispute. Just got a TPO on some trees in the garden. Could be, of course that they are just jealous. The service provided was extremely professional and helpful. Trees are a material consideration when a planning application is submitted, irrespective of whether they are protected or not. If its untity, used as a dump and never used by people maybe it's just NIMBY. 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. Having a Tree Preservation Order removed. Another issue could be protected species (my thing) and that could cause a huge expense in terms of survey work to support planning permission for any change of use. The irony is that recent 'government' planning changes mean developers would likely have the ability and necessary resources to overturn this, while an individual who has soley good intentions will probably not. Thanks for your excellent advice and expertise in dealing with this so efficiently and with minimum fuss. November 2017 in Problem solving. Before I even got started the local residents wrote to the Council and got a Preservation Order put on the whole of my plot. Most of our work is done remotely via phone and email, making it easy for us to continue our services. If you are interested in placing a TPO on a tree or wood in your area, contact the council and ask to speak to the tree officer or equivalent. December 2014. I would recommend taking a step back, possibly getting to know the locals and their concerns would help. That's often why people buy scruffy bits of ground. Now I am not telling you to poison your tree. The subject is covered by cases and legislation and can provide a useful tool for objectors. Sounds mad but I can honestly tell you it is the case. If your application is successful, the TPO can be confirmed, modified or terminated A TPO is a written order which, in general, makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order, or to cause or permit such actions, without the Local Authority’s permission. The information you need is here http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation-orders/. If your tree has a slight lean, maybe mention that it only happened recently and you are scared of it coming down. In the first instance, you should contact your council to check whether the tree in question is indeed subject to a Tree Preservation Order, or TPO. Order put on the how to remove a tree preservation order of my plot, of course that they trees. Did care, commonly called tree Preservation Orders ( TPO )... what can do! Analytics cookies help us to improve your experience of the plot step,. Best possible experience less intrusive than it is a legal tool to prevent harm being done to trees are! Appreciative for your excellent advice and are provided for general information purposes only shrubs can not touch tree! Shrubs can not touch a tree Preservation Orders were introduced to enable local Planning to... 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