Both Tree Preservation Orders (TPOs) and conservation areas are mechanisms used to protect trees, but they operate differently in terms of the permissions required for work to be carried out on trees within their jurisdiction.
1. Tree Preservation Orders (TPOs):
- A TPO is a legal order made by the local planning authority to protect specific trees or groups of trees.
- If a tree is covered by a TPO, it means that you need formal consent from the local planning authority before carrying out any work on the tree. This includes pruning, cutting down, uprooting, or wilfully damaging the tree.
- To work on a tree with a TPO, you need to submit an application for works to the local planning authority. They will assess whether the proposed work is acceptable and may grant consent with or without conditions, or refuse permission.
- It's an offence to carry out work on a tree covered by a TPO without obtaining the necessary consent. Penalties for unauthorised work can be severe, including fines.
2. Conservation Areas:
- A conservation area is an area of special architectural or historic interest, the character or appearance of which is desirable to preserve or enhance.
- In conservation areas, there are additional regulations regarding tree work. While trees within conservation areas might not have specific protection like TPOs, they still require notification to the local planning authority before any work can be done.
- For trees in conservation areas, you must give the local planning authority six weeks' written notice before carrying out any work. This notice gives the authority an opportunity to consider whether to impose a TPO on the tree.
- If the local planning authority decides to issue a TPO following the notice period, you'll then need to follow the process outlined for TPOs, including obtaining consent before carrying out any work.
In summary, the key difference between applying for tree work on a tree with a TPO versus one in a conservation area lies in the process of obtaining permission. For trees with TPOs, you need consent from the outset, while for trees in conservation areas, you need to provide advance notice, which may lead to the imposition of a TPO. In both cases, it's essential to comply with the regulations to avoid legal consequences. If you are not sure if you fall into either of these categories then contact your local authority to find out.
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