Q&As

In a claim relating to nuisance caused by neighbouring tree roots, what would be the impact of a tree preservation order (TPO) on the tree in question? Is the presence of the TPO a defence for failing to maintain/remove the tree?

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Published on LexisPSL on 08/03/2019

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • In a claim relating to nuisance caused by neighbouring tree roots, what would be the impact of a tree preservation order (TPO) on the tree in question? Is the presence of the TPO a defence for failing to maintain/remove the tree?

In a claim relating to nuisance caused by neighbouring tree roots, what would be the impact of a tree preservation order (TPO) on the tree in question? Is the presence of the TPO a defence for failing to maintain/remove the tree?

A tree preservation order (TPO) is made by a local planning authority (LPA) under section 198 of the Town and Country Planning Act 1990 and prevents the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of the tree to which the order relates, without the LPA’s written consent. TPOs are governed by the Town and Country Planning (Tree Preservation) (England)

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