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    Getting A Tree Preservation Order Served - What's Eligible?

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    Tree Preservation Orders (TPOs) protect individual trees and woodlands in Leeds that would significantly impact the local environment if removed. Over 1,000 TPOs have been served in Leeds to date. This document provides guidance on when TPOs can be served according to government guidance. TPOs are justified when trees are visible from public places, provide amenity value through their beauty, landscape contribution, or screening of eyesores, and when removal would not have reasonable public benefit. An TPO also becomes a material factor in development proposals but does not prevent development except on constrained sites, where planning approval could still override the order.

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    Getting A Tree Preservation Order Served - What's Eligible?

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    Tree Preservation Orders (TPOs) protect individual trees and woodlands in Leeds that would significantly impact the local environment if removed. Over 1,000 TPOs have been served in Leeds to date. This document provides guidance on when TPOs can be served according to government guidance. TPOs are justified when trees are visible from public places, provide amenity value through their beauty, landscape contribution, or screening of eyesores, and when removal would not have reasonable public benefit. An TPO also becomes a material factor in development proposals but does not prevent development except on constrained sites, where planning approval could still override the order.

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    Tree Preservation Orders (TPOs) protect individual trees and woodlands in Leeds that would significantly impact the local environment if removed. Over 1,000 TPOs have been served in Leeds to date. This document provides guidance on when TPOs can be served according to government guidance. TPOs are justified when trees are visible from public places, provide amenity value through their beauty, landscape contribution, or screening of eyesores, and when removal would not have reasonable public benefit. An TPO also becomes a material factor in development proposals but does not prevent development except on constrained sites, where planning approval could still override the order.

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    13 views2 pages

    Getting A Tree Preservation Order Served - What's Eligible?

    Uploaded by

    abc abc
    Tree Preservation Orders (TPOs) protect individual trees and woodlands in Leeds that would significantly impact the local environment if removed. Over 1,000 TPOs have been served in Leeds to date. This document provides guidance on when TPOs can be served according to government guidance. TPOs are justified when trees are visible from public places, provide amenity value through their beauty, landscape contribution, or screening of eyesores, and when removal would not have reasonable public benefit. An TPO also becomes a material factor in development proposals but does not prevent development except on constrained sites, where planning approval could still override the order.

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    Getting a Tree Preservation Order served – what’s eligible?

    There are over a thousand Tree Preservation Orders in Leeds, ranging from individual trees
    to large tracts of woodland. In addition trees are protected in the City’s 63 conservation
    areas. This in itself generates a large volume of work for the city council in dealing with
    applications to carry out work on protected trees, which in turn limits the time available for
    serving new Orders. Currently between 60 – 100 new Orders are served each year.

    This note sets out the circumstances in which Tree Preservation Orders may be served.

    Current Government guidance is set out in “Tree Preservation Orders - A guide to the Law
    and Good Practice” (DETR March 2000) This states that Local Planning Authorities may
    make a Tree Preservation Order (frequently referred to as a “TPO”) if it appears to them:

    “to be expedient in the interests of amenity to make provision for the


    preservation of trees or woodlands in their area”

    The Act1 does not define “amenity”, nor does it set out the circumstances in which it is in the
    interests of amenity to make a TPO. However, in the Secretary of State’s view 2 :-

     TPOs should be used to protect selected trees and woodland if their removal would
    have a significant impact on the local environment and its enjoyment by the public
     Local Planning Authorities should be able to show that a reasonable degree of
    public benefit should accrue before TPOs are made or confirmed
     The trees, or at least part of them, should therefore be visible from a public place
    such as road or footpath, although exceptionally the inclusion of other trees may be
    justified
     The benefit may be present or future (e.g. after development has opened up a
    previously enclosed site)
     Trees may be worthy for their intrinsic beauty or for their contribution to the
    landscape or because they serve to screen an eyesore or future development
     The value of the trees may be enhanced by their scarcity
     The value of a group of trees or woodland may be collective only
     It would be inappropriate to make a TPO of trees which are dead, dying or
    dangerous

    Effect of an Order on development


    An Order should not be used to frustrate or prevent development. Once served, a Tree
    Preservation Order becomes “a material factor” in assessing future development proposals,
    but it does not normally prevent development in its own right except on very constrained
    sites, and a planning approval can override it.

    1
    (Section 198 (1) of the Town and Country Planning Act 1990.)
    2
    (as cited in Tree Preservation Orders – A guide to the Law and Good Practice - DETR 2000)

    Sustainable Development Unit


    Development Department
    The Leonardo Building
    2 Rossington Street
    Leeds LS2 8HD
    Planning Enquiry Centre, telephone: (0113) 247 8000
    E-mail: landscape.planning @leeds.gov.uk
    www.leeds.gov.uk/planning

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