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Oak lined avenue in a residential area, subject to a Tree Preservation Order.

Tree Preservation Orders.

Navigating Tree Preservation Orders (TPOs) and regulations can be tricky - we're here to carve a path when applying for works to trees or objecting to a TPO.

INNOVATIVE APPROACH

CLEAR CONCISE REPORTS

15+ YEARS EXPERIENCE

WE CAN ACT AS YOUR AGENT TO APPLY ON YOUR BEHALF

Tree Preservation Order Advice.

We don't simply explain the Tree Preservation Order (TPO) legal jargon, we're here as your trusted partners; guiding you through the process and filing formal 'Applications to Carry Out Works to Protected Trees', and appealing or objecting to a TPO on your behalf. 

Arb Innovators' experienced tree surveyors and consultants will walk you through the process, providing insight into acceptable specifications for tree works. Though we cannot promise that your local council will approve your application, our pragmatic, experienced approach and trusted working relationships with local authority Tree Officers across the UK, ensure the process is as smooth as possible. 

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LEAVE US TO CUT THROUGH THE LEGAL JARGON

Ready to submit a TPO application?

As seasoned arboriculturists with over a decade of diverse experience, we understand the application process for Applying for consent to trees subject to a Tree Preservation Order (TPO) and providing professional and competent arboricultural advice, ensuring all boxed are ticked.

Three steps - that's it. We'll act as your agent, conduct a tree survey and advise as to what tree works are likely to be permitted.

#1

Simply fill out our quick and easy online form, email or call us. 

#2

Accept our Quote using our booking form and we'll get to work on your application or objection.

#3

We'll guide you through our findings and submit your TPO application, promptly!

Understanding Tree Preservation Orders.

A Tree Preservation Order, or TPO, is issued by a local planning authority (LPA or the local council) under the Town and Country Planning Act 1990 (as amended by the Town and Country Planning (Tree Preservation) (England) Regulations 2012) to protect a specific tree or woodland from deliberate damage and destruction.

This includes felling, lopping, topping, uprooting, and other intentional destruction. Cutting roots is likewise not permitted and requires the written consent of the LPA.

A TPO can be imposed by an LPA if it deems to be 'expedient in the interests of amenity to make provision for the preservation of trees or woodland in their area'. Though there is no clear legal definition, amenity with regards to a TPO is primarily related with a tree's visibility from a public space.

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More information concerning the legislation surrounding Tree Preservation Orders and Conservation Areas can be found on the GOV.UK website, here.

Tree Preservation Orders (TPO) on mature oak trees in Derbyshire.
Woodland canopy from below, demonstrating amenity value worthy of a TPO.

How does a TPO protect trees and woods?

A Tree Preservation Order (TPO) is one of the main legislative mechanisms for tree protection in the UK, protecting trees and woodland from potential harm. TPOs are most commonly used for urban and semi-urban environments and trees with high ‘amenity’ or ‘nature conservation value’.

This includes felling, lopping, topping, uprooting, and other intentional destruction. Cutting roots is likewise not permitted and requires the written consent of the LPA.

Failure to get your local council's consent via an application for consent for tree works might result in serious repercussions, including a potentially unlimited fine, and even imprisonments.

 

But don't worry; we're your allies, competent in navigating the nuances of TPOs, ensuring you understand the complexity, whilst ensuring you avoid mis-information and stay the right side of the law. 

How long does the TPO Application take?

If you want to apply for works to prune or fell a tree that’s already protected by a TPO you must obtain permission from the local council by submitting a formal application. Your local council will formally write to you confirming their decision within eight weeks of submitting an application. If the tree is within a conservation area, you will usually hear from the council within six weeks.

The local council will often recommend that your application, particularly to fell a tree subject to a TPO, includes an accurate arboricultural specification of the proposed works (to BS 3998:2010 Tree work. Recommendations) and supporting evidence or information typically prepared by a qualified and competent arborist.

 

Your application will also need to include a map indicating the position of the tree(s) which are included in the application.

Tree Preservation Orders - lime avenue ARB Innovators

Can a TPO tree be felled for development?

If Full planning permission is granted for a site and the felling of a tree protected by a TPO is included in the Arboricultural Impact Assessment or Arboricultural Method Statement for the approved planning application, then planning permission outweighs any protection that the TPO may have offered. 

If you only have outline planning permission or approved development rights, you cannot carry out tree work to trees subject to a TPO without consent. It is crucial to note that a Tree Preservation Order does not prohibit planning permission from being given; but, when deciding on planning applications, the council will take into account the threat of damage, harm, removal, and even future pressures to prune or remove protected trees.

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After detailed, full planning permission is granted, any pruning or felling that is directly required to enable the development to proceed may be carried out.

JOIN A COMMUNITY OF INNOVATORS

Let's start a conversation.

Black and white profile image of Callum Throw, an experienced arboricultural consultant.

Please reach out to us if you’d like to work with us. We have a broad range of experience providing tree surveys and tree reports across all aspects of arboriculture, and we are looking for those who want a fresh perspective.

If you are interested in working with an innovative and versatile arboriculture consultancy on your next project, collaborating on a current project for one of your existing clients, or just want to geek out over all things trees and innovative technology – I would love to hear from you.

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- Callum Throw, Arb Innovators

DEDICATED TO HELPING YOU UNDERSTAND TREE SURVEYS

Tree Survey Questions? We've got you.

We're sure you've got a lot of questions and we're more than happy to answer them. When it comes to arboriculture and understanding trees, tree surveying and the various tree surveys and reports available, we're happy to provide the answers. After all, knowledge is power.

  • What is the difference between an Arboricultural Consultant and a Tree Consultant?
    Absolutely nothing! These are two interchangeable terms for the same professional vocation.
  • Where do you provide Tree Surveys?
    We undertake different types of tree survey, inspection and arboricultural assessments across Derbyshire, Nottinghamshire, the East and West Midlands and throughout the UK. Our team of experienced and qualified arboricultural consultants and trusted arboricultural partners have extensive knowledge and skills to provide high-quality tree surveys for a variety of purposes, including planning applications, tree risk assessments, tree health and condition assessments, and advice on tree preservation orders.
  • How experienced are you at providing Tree Surveys?
    Our tree surveyors and arboricultural consultants have worked in Consultancy for over 10 years. In that time, we have completed hundreds of tree surveys and assessments. We are highly trained and experienced in providing accurate, reliable and innovative tree surveys for a wide range of clients, including private homeowners, developers, architects, schools, universities and local authorities. We use the latest technology and equipment to ensure that our surveys are comprehensive and detailed, and we always adhere to the highest industry standards and guidelines. You can trust us to deliver a professional and efficient service that meets your specific needs and requirements.
  • Is a tree survey a legal requirement?
    Yes, in many cases, tree surveys are a legal requirement for tree owners. It is considered the tree-owner's legal 'duty of care' under the Occupiers Liability Act 1957 (OLA 1957) to others to have their trees professionally inspected and the recommended work carried out. The survey provides important information such as the tree species, age, and condition, as well as any hazards or nuisances that may require remedial work. At Arb Innovators, our tree consultants are well-equipped to conduct thorough tree surveys to ensure that tree owners are in compliance with legal requirements and that their trees are properly maintained to ensure the safety of their property and the surrounding area. We are committed to providing expert advice and services to help our clients meet their legal obligations and maintain healthy, safe trees on their properties.
  • How much does a tree survey cost?
    The cost of a tree survey varies and will depend on a number of factors such as the size of the project, the type of tree survey required, and the level of tree survey data that needs to be collected. We charge £40-55 per hour (depending on the grade or level of experience the Innovator assigned to your project has). As an example. A BS5837:2012 tree survey to accompany a full planning application for one of our private, domestic (home extension, renovations, etc) clients typically costs £320 - £760. At ARB Innovators, we offer a range of tree surveys, from basic visual inspections to detailed assessments of large tree populations, or a more in-depth assessment of a tree using advanced technology. Our team of experienced arboricultural consultants will work closely with you to assess your needs and provide a free, no-obligation competitive quote that fits within your budget.
  • What is a Tree Risk Assessment?
    A Tree Risk Assessment is a type of tree assessment carried out by a professional tree surveyor or consultant, to identify tree risk features, condition, and the occupancy around the tree to judge potential risk and prescribe appropriate tree management.  These assessments are also referred to as "tree risk surveys" or "tree condition surveys". The assessment takes into account not just the risk posed by trees on the Site, but also the surrounding context and potential impact on nearby highways, structures and people.
  • Why is Tree Surveying important?
    Tree surveying is important for several reasons and largely depends on the importance, or benefits of surveying trees, greatly depends on the type of tree survey and the outcomes you are seeking. Firstly, it helps to identify the species, size, and health of trees at your property or on a Site earmarked or Development. For a BS5837 Tree Survey This information is crucial for planning and development purposes, as it can help determine whether or not trees need to be protected or removed. Secondly, tree surveying can identify any potential risks and risk features that trees may pose, such as dead branches overhanging a carriageway or trees that present an increased risk of falling onto a pedestrianised area due to the presence of a structural impairment. Regular tree surveying across a tree population is important for ensuring the safety of people and property on the Site. Finally, tree surveying can help to identify any important ecological or environmental features that may be associated with the trees on a Site. This can help to ensure that these features are protected and preserved. Overall, tree surveying is an important tool for arboricultural consultants, homeowners, developers, and large landowners to ensure the responsible management and protection of trees and their associated environmental benefits.
  • What Tree Surveying techniques are there?
    At ARB Innovators, we offer a range of tree surveying techniques to suit your needs. These include: BS5837:2012: This is a British Standard that provides guidelines for assessing the impact of development on tree on or abutting your Property or a Site. The BS5837 tree survey involves one of our arboriculturist assessing the structural and physiological condition of trees and assigning a BS837 quality categorisation (denoted as category A, B, C or U) and remaining useful life expectancy. The written Arboricultural Impact Assessment involves an assessment of impacts from the proposed development and providing recommendations for tree retention and protection. The latest version of BS5837 was published in 2012. Tree Risk Assessment: This technique involves assessing the risk of trees falling or causing damage in high-risk areas such as public spaces, highways or near buildings. Typically, our initial level of survey using the principles of Visual Tree Assessment (VTA). This technique involves inspecting trees visually to identify any signs of decay, disease or structural issues. Detailed Decay-Detection: This technique involves using specialist equipment to investigate the internal structure of trees and identify any signs of decay or disease. Our team of experienced consultants will work with you to determine which technique is most suitable for your needs and provide you with a detailed report outlining our findings and recommendations. Aerial or Climbed Tree Survey: If a tree surveyor suspects that defects may be present in the upper crown of a tree but cannot determine their extent during a ground level tree survey, they may recommend a climbed tree condition survey.
  • How do I know if trees on my property are protected?
    Trees can be safeguarded under various designations, including Tree Preservation Orders (TPOs), Conservation Areas, or being part of a wider environmental or heritage protection scheme. Consult Local Authority Records: Your first port of call should be your local council's planning department. They maintain up-to-date records of all TPOs and Conservation Areas within their jurisdiction. Most councils offer an online search tool, but don't hesitate to contact them directly for the most comprehensive advice. Look for Official Documentation: If you've recently purchased your property, your solicitor may have provided details of any TPOs or Conservation Area restrictions as part of your conveyancing documents. These records can offer a clear indication of any protections in place. Engage with ARB Innovators: Our team at ARB Innovators have a deep understanding of local and national environmental regulations. We can conduct a thorough assessment, identifying any protected trees on your property and advising on the next steps. Understanding the protective status of your trees not only ensures legal compliance but also helps preserve amenity and ecological value for future generations.
  • Why might a climbed tree survey be necessary?
    Occasionally, defects in a tree may be apparent but their extent cannot be determined during a ground level tree survey. In such cases, the tree surveyor may recommend that a climbed, or aerial, tree condition survey be undertaken. Climbing the tree allows the surveyor to get a closer look at the tree's upper crown and assess its condition more accurately. At ARB Innovators (innovation being in our name) we also use drones to survey the upper crown of trees, which provides a non-invasive, safer and more efficient alternative to tree climbing.
  • What is a BS5837 Tree Survey?
    BS5837:2012 is a British Standard for Trees in relation to design, demolition and construction - Recommendations. BS5837:2012 provides guidance for managing trees on development sites. The standard sets out a framework for assessing the impact of a development on trees within and adjacent to the site, and for specifying appropriate measures to protect and retain trees wherever possible. The aim of BS5837:2012 is to ensure that the arboricultural, ecological, amenity and landscape value of trees is taken into account during the planning and construction of new developments. At Arb Innovators we provide expert advice on BS5837:2012 compliance, including tree surveys, impact assessments, method statements, and mitigation strategies.
  • What steps are involved in BS5837 Tree Surveys and Assessments?
    BS5837 Tree Surveys and Assessments are a crucial element of any construction or development project that involves trees or wooded areas. Here are some of the key components that are included in our surveys: 1. BS5837 Tree Survey: Our tree surveyors will capture a digital inventory of all the trees on or within influencing distance of a Site, including their accurate location using a GPS system or by measuring their distance from fixed points, tree species, measured tree height, stem diameter, and crown spread. 2. Tree Category Assessment: Whilst on Site, we will assess each tree and assign it a BS5837 Quality Category based on its value and importance. This will help to guide decisions on which trees can be removed or pruned and which ones must be retained. 3. Tree Constraints Plan: Following the survey, a tree constraints plan (TCP) is created to identify the limitations and constraints that the trees impose on the development. The plan includes information about the root protection areas (RPA), crown spread, and any other factors that may affect the trees. 4. Arboricultural Impact Assessment: An arboricultural impact assessment is conducted to evaluate the impact of the development on the trees. A Tree Retention and Removals Plan is produced to accompany the assessment, visually representing the impacts. We will evaluate the impact of the proposed development on the trees on the Site and provide recommendations for minimising damage or harm. 5. Arboricultural Method Statement (AMS) and Tree Protection Plan: Based on our assessments, we will develop a formal AMS which sets out the working methodology to ensure trees are appropriately protected during construction phases. The AMS will detail measures such as tree protective fencing, signage, and arboricultural supervision to prevent damage to the trees. At Arb Innovators, we are committed to providing our clients with the highest quality tree surveys and assessments, and we work closely with our clients to ensure that their projects are completed in an environmentally responsible and sustainable manner.
  • What should I expect in a BS5837 Tree Survey Report?
    A BS5837 Tree Survey Report is a comprehensive document that provides a detailed analysis of the trees on a site and their relationship to the proposed development. This report is essential for developers, architects, and planners who are looking to obtain planning permission for a new development or construction project. In brief, the Arboricultural Impact Assessment or BS5837 Report typically includes the following information: A detailed description of the trees on the site, including their species, age, size, and health. An assessment of the condition of the trees and any potential risks they may pose to the development. BS5837 Quality or Retention Categories (defined as four categories A, B, C and U). The higher the quality the tree, the more of a constraint it presents to development. A measurement of the trees' perceived rooting area referred to as the root protection area (RPA) - a minimum rooting environment (area) that a tree needs to sustain itself. A calculation of the number of trees on the site and their overall value to the ecosystem. Recommendations for tree removal and retention along with the protection and preservation of the trees during the construction process, including measures to avoid damage to the RPAs.
  • How much does a BS5837 Tree Survey cost?
    The cost of a BS5837 tree survey can vary greatly depending on several factors, such as the size of the site, the number of trees present, and the complexity of the survey. Typically, for a small Site, the cost will be between £320 - 700. At ARB Innovators, we offer competitive pricing for our tree survey services. We recommend contacting us for a free quote, so we can provide you with an accurate estimate based on your specific needs.
  • Why is compliance with BS5837 essential?
    Compliance with BS5837 or BS5837:2012 is essential for those who are planning to undertake any kind of development project that involves trees. This British Standard provides guidance on the management of trees in relation to construction and development. It aims to ensure that trees are retained and properly protected during the development process, and that new trees are planted where necessary to compensate for any loss of existing trees. Compliance with BS5837 will not only help to protect the health and safety of the trees, but also ensure that the development is compliant with your local planning authorities (LPA) validation requirements, and ultimately, may be the difference between planning permission being granted or refused. Therefore, it is important to consult with an experienced arboricultural consultant like ARB Innovators who can provide expert advice and guidance on complying with this British Standard 5837.
  • Is a BS5837 Tree Survey a legal requirement
    A BS5837 Tree Survey is not a legal requirement, but it is often necessary when seeking planning permission for development projects that may impact trees, to meet local planning validation requirements. Even though it is not required by law, obtaining a BS5837 Tree Survey can streamline the planning process and ensure compliance with local regulations, ultimately saving time and potentially costly mistakes during development. Arb Innovators specialises in providing comprehensive BS5837 Tree Surveys that assess the impact of development on trees and offer recommendations for their protection.
  • What are the age categories for BS5837?
    When embarking on a development project, recognizing the age and value of the trees on your site is pivotal. The BS5837 Tree Survey categorises trees based on their age, among other factors, to ensure informed decisions are made regarding their retention or removal. Here's a breakdown of the age categories you'll encounter in a BS5837 Tree Survey: Young Trees: Typically under 10 years old, these trees are in the early stages of growth. They represent future potential and are often considered for retention to mature and enhance the site's ecological value. Semi-Mature Trees: Usually aged between 10 and 40 years, semi-mature trees have established themselves but have not yet reached their full size or ecological contribution. They are evaluated for their growth potential and impact on the development. Mature Trees: These trees, often aged 40 to 80 years, have reached their full size and provide significant ecological, aesthetic, and environmental benefits. Mature trees are highly valued in BS5837 surveys for their established presence and contribution to biodiversity. Veteran Trees: Trees of ecological, historical, cultural and landscape value. They are often prioritised for retention due to their irreplaceable nature and the unique habitats they provide. At ARB Innovators, we don't just assess the age of trees; we delve into their health, structural condition, and the role they play in your project's ecosystem. Our innovative approach, combining technology with arboricultural expertise, ensures that every tree is given the consideration it deserves, aligning your development with sustainable and environmentally conscious practices.
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