The Ultimate Guide: How To Beat A Tree Preservation Order Like a Pro
Are you facing a tree preservation order (TPO) that’s putting a halt to your plans? Don’t worry, because in this comprehensive guide, we will show you how to defeat a TPO like a pro. Whether you’re a homeowner, developer, or project manager, understanding the ins and outs of TPOs is crucial to navigating the process successfully.
In this article, we will break down the steps you need to take, providing you with expert tips and strategies to overcome the challenges of a TPO. From understanding the legalities surrounding TPOs to gathering evidence to support your case, we’ve got you covered.
Our goal is to empower you with the knowledge and tools you need to effectively challenge a TPO. You will learn how to gather the necessary documentation, build a strong case, and present your argument persuasively.
What is a Tree Preservation Order (TPO)?
A Tree Preservation Order (TPO) is a legal order that protects specific trees or woodlands from being cut down, pruned, or otherwise altered in anyway without permission from your local council. TPOs are typically put in place to preserve trees of significant value, such as those with landscape and/or amenity value. TPO’s have been put in place to preserve tree of significant value, such as those with landscape and/or amenity value.
Understanding the significance of Tree Preservation Order is essential to approaching the request effectively. Trees have several benefits, including improving air quality, reducing noise pollution, and providing habitats for wildlife. Without TPO’s the preservation of wildlife and valuable assets could be in great danger and cause extinction of certain species of plants & wildlife that is needed in our ecosystem.
The process of obtaining a Tree Preservation Order
In order to be to granted permission to undertake works on a tree removal that has a preservation order you will need to complete and submit an application form of your local council which you can find here on the Gov.uk website which should lead you to your councils information. Before submitting the application you should be well prepared with the reasonings of your work that can be used to challenge the TPO. Which we will discuss down below.
Tree preservation order overhanging branches
Overhanging branches from your neighbours garden can be a nuance. It’s even more frustrating to know that there are no legal requirements for tree owners to cutback overhanging trees. But thankfully it is legal to prune back overhanging branches to boundary but no further. It’s also important to check if that specific tree has a TPO on it.
Beating a Tree Preservation Order With These Reasons
There are several common reasons why individuals or organizations may choose to challenge a TPO. These include:
1. Inaccurate or outdated information: TPOs can sometimes be based on outdated or incorrect information about the trees in question. By conducting thorough research, you can identify any discrepancies and use this as grounds for challenging the TPO.
2. Economic impact: If a TPO significantly impacts your property’s value or prevents a development project that would provide economic benefits to the community, you may have valid grounds for challenging the order.
3. Safety concerns: While TPOs are designed to protect trees, they should not compromise public safety. If you can demonstrate that a tree poses a significant risk to nearby structures or people, it may be possible to challenge the TPO on safety grounds.
4.Diseased & Damaged Trees, as harsh weathers or time decay could cause these trees to fall. Which would be a massive safety risk
5.Trees touching or damaging builds, this would be a strong case for removal if it is considered in an inappropriate location.
6. Tree obstructing roads, paths & lamp posts. In this case the council will aim to ensure a 5.2m & 2.4 m clearance.
7.Medical conditions (allergies). If a residents health is severely at risk from the trees, & can be proved with a doctors certificate then the TPO may be reversed.
Researching and gathering evidence to support your case
When challenging a TPO, it is crucial to gather sufficient evidence to support your case. This evidence can include photographs, expert opinions, surveys, or any other relevant documentation. Conducting thorough research is essential to build a strong case and present compelling arguments. Here are some steps you can take:
1. It is best practice to be very specific in your reasons, you can support these reasons with photographs from different angles and relevant notes.
2. The use of a professional Tree Surgeon or Structural engineer will only make your case stronger as the council will send out there own arborist consultants for a manual check. So the use of a professional will help you gather stronger points and reaffirm them with there vast knowledge to strengthen your case.
3. Review planning documents and reports: Carefully review any planning documents or reports related to the TPO. Look for errors, inconsistencies, or missing information that could be used to challenge the order.
Preparing and submitting your application to challenge a TPO
Once you have gathered all the necessary evidence, it’s time to prepare and submit your application to challenge the TPO. Here are some steps to follow:
1. Consult with a professional tree surgeon, as they have arboriculture knowledge as well as submitting TPO requests. They can guide you to ensure your application is properly prepared.
2. Prepare a strong case statement: Your case statement should clearly outline the reasons why you believe the TPO should be challenged. Highlight the evidence you have gathered and provide a persuasive argument.
3. Submit your application to the local planning authority: Follow the specific guidelines provided by the local planning authority for submitting your application. Make sure to include all the necessary documents and pay attention to any deadlines.
Appealing a decision on a Tree Preservation Order
If your application to challenge a TPO is unsuccessful, you have within 28 days of the date on the councils decision note to re-appeal.
1. Understand the appeal process: Familiarize yourself with the appeal process, including the specific deadlines and requirements. Failure to adhere to these guidelines may result in your appeal being dismissed.
2. Prepare a strong appeal statement: Just like your initial application, your appeal statement should be well-prepared and persuasive. Clearly articulate the grounds for your appeal and provide any additional evidence that may strengthen your case.
3. Seek professional advice: Engaging a tree surgeon with experience in planning appeals can significantly increase your chances of success. They can guide you through the process, help prepare your appeal statement, and represent you during the appeal hearing if necessary.
Conclusion: The importance of balancing tree preservation and development
In conclusion, challenging a Tree Preservation Order can be a complex and challenging process. However, with proper research, preparation, and expert advice, it is possible to navigate through the complexities and defeat a TPO like a pro. Remember to gather sufficient evidence, engage professionals when necessary, It is also important to understand with good reasoning which can be found by the assessment from a professional you will have a strong case.