Tree Law & Legislation

Through experience both within the public and private sectors our consultants are able to provide expert advice in relation to a wide range of tree related legal matters. Providing preliminary assessments and advice, through to full expert witness testimony to the court, we provide knowledgeable and experienced input to help guide and inform on tree related legal matters.

 

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Tree Preservation Orders

A Tree Preservation Order (TPO) is made by a Local Planning Authority (LPA) in order protect individual or collections of trees where it is deemed that their loss would have a detrimental impact to the area. In particular in conservation areas. Fines of up to £20,000 can be enforced if a protected tree is pruned or cut down without consent.

Wharton Natural Infrastructure Consultants regularly works with LPAs, undertaking paper-based and field surveys in order to review and update TPOs. Where necessary, we will object to the imposition of new TPOs and appeal against the decision of the LPA. We may also consider compensation issues on behalf of our clients.

Conservation Areas

Conservation Areas are specific area which have been identified by the Local Planning Authority (LPA) as having special architectural or historic interest. The designation does not only relate to built form, but includes the overall character of the area. The character assessment includes green spaces, parks, gardens and trees.

If it is intended to carry out works to trees within a Conservation Area, it is imperative that a Section 211 Notification is provided to the LPA to give them a six week timeframe to assess the trees. There are some exemptions to this requirement and Wharton Arboriculture Ltd can provide detailed advice on this matter.

Planning Appeals

We are frequently instructed in relation to both TPO and planning appeals whether it be for written representations, Informal Hearings or Public Inquiries. We have successfully represented both public and private sector clients at appeal, identifying the merits of a case and advising our clients accordingly in a professional manner.

The 2012 Regulations with regards to TPOs only also introduced, a new fast-track appeal system and Inspectors will only be able to consider the information provided with the original application; there will be no written representations procedure available, however the appellant can still request for the appeal to be heard at an Informal Hearing or Public Inquiry. Wharton Natural Infrastructure Consultants is able to provide advice in regard to appeals and represent clients at Appeals.

Related case studies:

  • Brock Charles Architects

  • Stansgate Planning