In the Uk can anyone slam a tree preservation order on your land ?

Question

Does the councill liase with the landowner ?.
Can anyone ask for a tree preservation to be imposed on your land.?.
Is there a right to appeal ?

Answer 1

Any individual can recommend an area of land they consider has trees worthy of protection, but they must submit a request for consideration to the Local Authority planning department.

They Liaise with the land owner and neighbouring properties as part of their assessment.

The creation of an order is normally accompanied by local advertisement (in the press) and site notices inviting comments by a given time. The authority must inspect and record any trees worthy of protection, and make a case for protection before it is enacted, and yes there is a right of appeal.

Your local council should have a charter explaining their processes.

The Tank is not correct in the statement of assumption that all trees are protected - There must be an official order placed on the tree or land (a bit like a local by-law) before the local authority has any powers of protection, except where the land or premises is in a conservation area where protection of trees is upheld under the auspices of the Conservation area, which must be designated and approved like a Tree Order.

You can lop, top or fell trees in your own garden, or remove overhanging branches from neighbouring properties without special permission from the council if they are not protected, however, it would be prudent to check the status of protection with the local authority prior to commencing.

As for any old anybody asking the council to keep an eye on - this is not the case - individuals can only recommend specific trees worthy of protection or retention, or report works to a tree known to be protected, but the protection will only apply if an order or conservation area has been officially designated.

Answer 2

I would think that tree preservation orders come from the councils. However anyone can start the process but the council would in the first instance have to consult with the landowners.

Answer 3

No they can't. The council in our area are very good at liaising with land owners and I have several preservation orders on trees on my land. If the tree is of little merit you can chat to the tree man at the council about it and possible get it taken off.

Answer 4

Any native species (oak, ash, elm etc.) but not introduced species (e.g. eucalyptus) is automatically assumed to be protected unless you have an authorisation fro your council stating otherwise.
It is possible for anyone to notify the council of a particular tree if they want the authorities to 'keep an eye on it'.

Therefore, to avoid getting yourself into deep do-do with your local planning office please get permission before cutting the tree.
If you have decent reasons for removing the tree you can appeal the Order.
Demanding 'your rights' to do what you want on your property and then just lopping it, will always fail and can be costly.

If you are on rented land then your lease should state your postion regarding the trees etc.

(The old adege "an Engishman's home is is his castle", implying unrestriced rights on your own property is not - and never has been - true. You might be horified to find out what you Cannot do in, or to, your own home).

Answer 5

Only if it's a tree deemed preservation-worthy

Answer 6

If you live on the tenth floor, then No. just cut the tree down and pay the £150 fine.