Understanding Tree Preservation Orders (TPOs) in London

Tree Preservation Orders (TPOs) play a vital role in safeguarding London’s green spaces by protecting trees that offer significant aesthetic, historical, or environmental value. Whether you’re a homeowner, developer, or landscaper, understanding TPOs is essential to ensure legal compliance and preserve these vital natural assets.

What is a Tree Preservation Order (TPO)?

A TPO is a legal order made by a local planning authority (LPA) to protect specific trees, groups of trees, or woodlands. It prohibits activities such as cutting, lopping, uprooting, topping, or wilfully damaging trees without prior permission from the LPA. These orders aim to conserve trees that contribute to the character of an area or provide ecological benefits.

How to Check if a Tree is Protected by a TPO

To determine if a tree is covered by a TPO, you can:

Contact your local council’s planning department.
Access online mapping tools provided by some councils.
Review property documents, as TPOs are often noted during conveyancing.

Legal Requirements and Responsibilities

Managing protected trees comes with specific obligations:

1. Obtain Permission Before WorkAny work on a tree with a TPO requires written consent from the local council. This includes pruning, removal, or even work near the root system that could impact the tree’s health.

2. Follow Approved GuidelinesIf permission is granted, the work must adhere to the conditions set by the council. Deviating from these conditions could result in fines or legal action.

3. Emergencies and ExceptionsIn cases where a tree poses an immediate danger to people or property, emergency work can be carried out without prior approval. However, the LPA must be informed as soon as possible, and evidence of the danger (e.g., photos) should be provided.

4. Protect During Development If a TPO-protected tree is near a construction site, steps must be taken to avoid damage. This includes creating protective barriers and ensuring that heavy machinery does not disturb the root zone.

5. Replanting Obligations If a protected tree is removed with permission, the LPA may require a replacement tree of the same or similar species to maintain the environmental balance.

Penalties for Breaching a TPO

Failure to comply with a TPO is a criminal offence. Unauthorized work can result in fines of up to £20,000 in a Magistrates' Court or unlimited fines in a Crown Court. Additionally, there may be requirements to plant replacement trees.

Benefits of Preserving Protected Trees

Protected trees not only enhance London’s urban landscape but also:

Improve air quality by filtering pollutants.
Provide habitats for wildlife.
Reduce urban heat and improve climate resilience.

Seek Professional Advice

Managing TPO-protected trees can be complex. If you’re unsure about the legal requirements or best practices, consulting a certified arborist ensures compliance and optimal care for your trees. Arborists can help with applications, provide expert recommendations, and carry out work safely and efficiently.

By understanding and respecting TPOs, we can collectively contribute to preserving London’s cherished green spaces for generations to come.