GUIDANCE NOTES ON TREE PRESERVATION ORDERS

What is a Tree Preservation Order?

A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. The power to make such an Order lies with the Local Authority in whose area the tree(s) exist. The Local Authority’s purpose is to preserve amenity and retain trees which blend into the environment and would if removed be a Loss to the Amenity and Appearance of a locality. The Local Authority must consider Representations made by the Locality before confirming a TPO, but ultimately the decision is the Local Authority. Applications to make a TPO can be made by individuals. Governed by Sections 198 and 202a of the Town & Country Planning Act 1990 (“the 1990” Act), Section 192 of the Planning Act 2008 (“the 2008 Act”) and The Town and Country Planning Tree Regulations 1999.

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What is a Conservation Area?

It is an area designated by a Local Authority to be of special architectural and or historic interest. Unlike Listed Buildings, which applies to an individual building, this designation covers a particular defined area. It is governed by Sections 69 to 74 of the Planning (Listed Building and Conservation Areas) Act 1990 (“the 1990 Act) but were first introduced in 1967.

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What is a Listed Building?

The Secretary of State for Culture, Media and Sport is responsible for preparing a List of Buildings which are regarded as having special architectural and or historic interest. The Listing covers three grades of building.

• Grade 1- Buildings of exceptional interest
• Grade II*- Buildings of particular interest and more than just special interest
• Grade II- Buildings of special interest

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