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Changes to the Tree Preservation Order system in England from 6 April 2012

According to a document issued by the Department for Communities and Local Government on the 6 April 2012, the Town & Country Planning (Tree Preservation) (England) Regulations 2012 put all tree preservation orders (orders) on to the same footing and consolidate existing legislation into one set of regulations.

These new regulations:

  • cancel the provisions of every existing TPO except for the information necessary to give the orders legal effect and identify the trees protected and replace them with provisions in the new regulations, and
  • consolidate existing legislation that deals with procedural matters for making and administering TPO’s in one set of regulations.

The duties on authorities under section 197 of the Town & Country Planning Act 1990 to make TPO’s as they think necessary when granting planning permission remain unchanged.

The more general power in section 198 of the Town & Country Planning Act 1990 to make TPO’s in the interest of amenity also remains unchanged.

The consolidation and streamlining does not alter the level of protection given to trees.

For more information please refer to D.C.L.G. at Eland House, Bressenden Place, London SW1E 5DU.
Tel: 030 3444 0000 or Paul C. Burbidge, Head of Commercial at Gullands, 16 Mill Street, Maidstone, Kent ME15 6XT.  Tel: 01622 678341.