UKTC Archive

RE: TPO query

Subject: RE: TPO query
From: Alastair Durkin
Date: Jan 07 2020 12:19:35
Hi Sean

You are looking for Circular 11/95 Use of conditions in planning permission - 
 part 2 Trees. 
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7715/324923.pdf

Its fine to use conditions to protect trees during and subsequent to 
development - indeed s197 (a) TCPA 1990 is clear on this. TPOs can then be 
used to give full effect to such conditions. What the circular makes clear, 
however, is that conditions should not be used for long term protection. 
That’s what TPOs are for. 

The fact of the matter is that it may not be expedient to make a TPO to 
protect a tree on a development site, particularly if the tree is shown to be 
retained, but it's quite reasonable to impose a condition requiring the 
retention or the tree (subject to replacement planting if removed), at least 
until the developer has completed and residents have moved in. 

Alastair

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Sean Davies
Sent: 07 January 2020 07:38
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: TPO query

Good morning, I'll be grateful to pick the collective brains morning. I can 
remember historically the premise that tree preservation orders should be 
used to protect trees and not planning conditions. The general procedure 
being that if a tree is worthy of a tree preservation order it should be 
protected by conditions during development and then protected by tree 
preservation order.

Does anyone remember where it states that planning conditions should not be 
used to protect trees in perpetuity?

And just another question if a tree isn't worth the of a tree preservation 
order should it be protected by planning condition during development?

Sean Davies

Arboreal officer

Neighbourhood Services

T: 01623 XXXXXX

E: sdavies@xxxxxxxxxx.gov.uk



Mansfield District Council

Hermitage Lane Depot,

Maunside,

Mansfield,

Nottingham.

NG18 5GU




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