Trees

Trees

Works to trees and hedges, generally speaking, does not constitute ‘development’ under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) and therefore are unlikely to require planning permission. However, the value of trees and hedges, and equally the damage trees can cause, are recognised in planning and related legislation.

Protecting trees through planning conditions

TCPA 1990, s 197 imposes a general duty on local planning authorities (LPAs) to ensure, whenever appropriate, that in granting planning permission for any development, adequate provision is made, by the imposition of conditions, for the preservation or planting of trees, and to make such tree preservation orders (TPOs) as appear to it necessary in connection with the grant of the permission. See Practice Note: Works to trees, tree preservation orders and trees in conservation areas for more information.

Protecting trees through tree preservation orders

A TPO can be made under TCPA 1990, s 198 in respect of trees, groups of trees or woodlands, as specified in the TPO. TPOs covering a woodland protect the trees and saplings of whatever size within the

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