New planning regime for Tree Preservation Orders comes into force in England

The Town and Country Planning (Tree Preservation) (England) Regulations 2012 come into force today, revoking and replacing the 1999 Regulations in so far as they apply to England.

The new Regulations govern Tree Preservation Orders (TPOs) and lay out the processes involved in making orders, appeals and representations, confirmation by the local planning authority, variation and revocation and the prescribed form and content of TPOs.

The Regulations also set out the activities that are prohibited once a TPO is confirmed and put in place. The Regulations use powers under the Planning Act 2008 to bring in the new TPO regime and simplify the complex system.

Trees protected by TPOs may not be cut down, topped, lopped, uprooted, or wilfully damaged or destroyed without the consent of the local planning authority with the exception of dead trees or actions provided for in legislation. 

In 2010 the Department for Communities and Local Government (DCLG) published its plans on streamlining the TPO process in England. The aim of the consultation was to consolidate the primary and secondary legislation into one new set of regulations and to reduce red tape.

The TPO regime was introduced in 1947 and has been the mainstay of regulatory protection for trees  that are of value to local communities.

Provisions in the Planning Act 2008  in respect of TPOs are also brought into force today  by operation of a new commencement order.