Tree Preservation Order Review

Background to Review

Tree Preservation Orders (TPO’s) have been regarded as important tools for maintaining the appearance and amenities of neighbourhoods, particularly in urban areas, and large numbers of Orders are made each year by local authorities.  The concept of giving local planning authorities (LPA’s) powers to protect trees in the interest of public amenity was first introduced in 1932 in the form of Interim Preservation Orders.  The power to make TPO’s was incorporated into the Town and Country Planning Act 1947, which forms the backbone of modern planning legislation.  Since that time there have been some 23 Acts and Regulations that relate to TPO’s in various ways.  There has also been guidance issued by Central Government, in the form of Memoranda and Circulars, the advice in which has reflected priorities prevailing at the time.  There have been several Model Orders – with which TPO’s should be made in substantial compliance.  TPO’s are made in accordance with the provisions of the Acts and associated Regulations in force at the time – but each have been slightly different, and none of the changes were retrospective – with the result that there is a range of slightly different types of Order, with different provisions.

There are over 700 TPO’s in the Breckland area, some of these are over 50 years old and are no longer protecting the best quality trees. Some of these TPO’s apply a ‘blanket’ protection to all the trees within a defined area, regardless of their quality. This means it is often necessary for owners to apply to the council for consent to prune or remove trees that are not of high amenity value. The purpose of this review is to ensure that Breckland’s TPO’s are brought up to date, protecting appropriate trees and lifting restrictions from trees that do not merit special protection.