YOUR ESSENTIAL QUESTIONS ANSWERED

SARAH DODD

Is a tree law expert who is passionate about working with clients to change how claims are run to make sure people and trees can live in harmony.

DOES PLANNING PERMISSION OVERRIDE A TREE PRESERVATION ORDER (TPO)?

If planning permission has been granted for a development and the work will involve either felling or working on protected trees then the planning permission that you’ve obtained overrides the Tree Preservation Order. The reason for this is that the Tree Preservation Order will have been considered by the planning authority at the time the permission was originally granted.

HOW LONG DOES A TPO LAST?

Once the TPO is con rmed, after the initial six-month period it becomes permanent. It can last longer than the particular tree as, once a tree protected by a TPO has died, it is to be replaced by another tree of the same type in the same place that the same TPO automatically covers.

WHAT HAPPENS IF YOU DAMAGE A TREE WITH A TPO?

If you damage a tree protected by a TPO, you might well be guilty of committing a criminal offence, if it was deemed wilful damage. Depending on whether that damage will lead to the death of the tree, you are likely to need to replant a replacement tree. That replacement will automatically be covered by the same TPO in protection. You might also face a claim before the magistrates’ court and receive a ne, although a ne might be less if the damage was purely accidental rather than wilful.

DO I NEED TO CONSULT MY NEIGHBOURS BEFORE I CUT DOWN A TREE?

It depends on the situation. If this is your own tree and there is no protection on it, then no you don’t legally need to consult your neighbours before removing a tree. Trees on boundaries, or those overhanging boundaries, causing shade, blocking light, causing subsidence or posing a heave risk

ag up lots of potential issues. Be a good neighbour and have a discussion with them about it — even if the law doesn’t stipulate that you have to.