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Main Differences Between a Conservation Area Tree and a TPO Tree

Monday 25th November 2024

When it comes to protecting trees in the UK, understanding the distinctions between Conservation Area trees and Tree Preservation Order (TPO) trees is essential. Both provide safeguards for trees, but they differ in their level of protection, flexibility, and procedures. Let’s explore the key differences and what they mean for property owners and developers.

Conservation Area Tree

Definition

Trees located in designated Conservation Areas are automatically protected if their stem diameter is 75mm or more, measured at 1.5m above ground level. These areas are established to preserve the character and appearance of the landscape.

Protection Level

• You must notify the local planning authority (LPA) at least six weeks before carrying out any works, such as pruning or felling.

• During this period, the LPA will either approve the works or decide to issue a TPO for the tree, granting it higher protection.

Flexibility

If the LPA does not issue a TPO within six weeks, you may proceed with the proposed works without further restrictions.

Tree Preservation Order (TPO)

Definition

A TPO is a legal instrument created by the LPA to protect specific trees or groups of trees that provide significant amenity value.

Protection Level

• Any works, including pruning, lopping, or felling, require formal written consent from the LPA.

• Unauthorized works on a TPO tree can result in fines of up to £20,000 in magistrates' courts or unlimited fines in higher courts.

Flexibility

The protection provided by a TPO is stricter and remains in place indefinitely unless the LPA decides to amend or revoke it.

Can You Remove a TPO?

Removing or amending a TPO is rare and requires strong justification. Here are common scenarios where it may be possible:

1. Tree’s Health or Safety

o If the tree is dead, dying, or poses a significant safety risk, you can apply to the LPA for removal. Supporting evidence, such as an arborist’s report, is usually required.

o Replacement planting is often mandated as part of the approval process.

2. Change in Circumstances

o If the original reasons for the TPO no longer apply (e.g., changes in land use or diminished landscape value), you can request a review or modification.

3. Appeals and Challenges

o If you disagree with the LPA’s decision to refuse tree works or believe the TPO is unjustified, you can appeal to the Planning Inspectorate.

o Appeals require substantial evidence, such as arboricultural reports or amenity assessments.

4. Judicial Review

o In exceptional cases, you may challenge a TPO in court on procedural or legal grounds. This process is both costly and time-intensive.

Key Differences in Approach

• Conservation Area Trees: Provide general protection, allowing more flexibility if no TPO is issued within the notification period.

• TPO Trees: Offer specific and legally binding protection, which is harder to alter or override.

Final Thoughts

For both Conservation Area and TPO trees, it is crucial to consult the LPA before undertaking any works. Compliance with regulations not only avoids hefty fines but also ensures that the local environment and its character are preserved. By understanding the distinctions between these protections, you can navigate the process confidently and responsibly.