Tree preservation order?

Question

The council wants to develop a site next my house. A tree preservation order assessor came to our home and said that they trees were eligible to have a preservation order on and so would be protected. However when he went to put in all the paperwork he telephoned to say that the council would not allow the order to go through since they want to develop the land and thus, there was nothing that could be done as he works under the council.

This seems so unfair! Does anyone know if we can appeal against this or get an independent expert out for a independent view on the tress?

P.S I live in UK.

Answer 1

hmmmm looks like thats common council practice. the woodland trust say;

"Making a TPO is a ‘discretionary power’, which means the council does not have to do it. There is no legal reason why a council has to make an order, but once one has been made, they have a duty to enforce it."

"trees on land controlled by local authorities, or the Crown are not normally granted TPOs. "

http://www.ancient-tree-hunt.org.uk/anci...

"What you can do -Taking action locally"

http://www.ancient-tree-hunt.org.uk/anci...

Answer 2

find out what trees they are, get in touch with your local arborist and tree officer, get your neighbours involved. it is very in portent to conserve trees they have so many reasons to be left alone such as conservation reasons, they provide habitats to many different species of animals, aesthetics reasons they brake up scenery giving a focus point on a landscape, also a scenes of well being through season to season and much more. plus stoping all these developers destroying our environment for a quick bit of cash!

good luck

Answer 3

I'm sorry to hear this, and can empathise, as something similar is happening to me - I wonder if it's the same site?!! I'm in Shooters Hill, London. . .

I don't have any legal information, I'm afraid, though many years ago I managed to stop the council from cutting down an old oak tree - I contacted an organisation called "Men of the Trees" (it sounds as if I'm hallucinating, but it really did happen!)

It is sad to see trees cut down, and disruptive to have land nearby re-developed.  I would suggest that you continue to fight - there are many people who would agree with you. I think the council will need planning permission to fell the trees, even if they don't have an order on them.

You could try starting a petition and lobby the planning meetings.

Wishing you luck - let us know how it goes.

Answer 4

It's the local authority that places TPO's on trees, so it's unlikely that you could prevent them from being felled unless they were of an already protected species.

The first thing to do is to find out what sort of trees they are.  If they are Sycamore, Ash or Poplar it is unlikely they would be spared.  Oak (as mentioned above) are far more likely to be saved from being cut down.

Have a look at this site for more information

http://www.communities.gov.uk/publicatio...