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© Hurst Tree Consultants Tree protection and legal issues

Tree protection and legal issues

Tree Preservation Orders (TPO)

We offer advice on the management of trees with Tree Preservation Orders (TPOs) imposed. The obligation of a council or planning authority is to protect and enhance the environment. A TPO does not however prevent the management of trees to prevent or avoid the risk of harm or damage being caused. We can negotiate on behalf of a tree owner / manager with the LPA to ensure the satisfaction of tree ownership obligations.

Conservation Areas / National Parks

Conservation Area legislation enacted under the Town and Country Planning Act is intended to preserve and enhance the amenity and landscape value of an area. It is primarily concerned with buildings and structures, but encompasses trees with some exceptions. Trees with a Diameter at Breast Height (dbh) of less than 75 mm, hedges and fruit trees are excluded. Larger trees can present a nuisance or risk to land and tree owners or occupiers. I can advise on, submit and negotiate all necessary notices to ensure a successful outcome.

Legal issues

The ownership, management, care and preservation of trees is prescribed by both Statute and common law along with much Government Advice. Statute law does not require the tree owner to maintain completely safe trees but requires the owner and those responsible for them to “take reasonable care”. We can advise on these matters.

Statutes affecting tree responsibility include: the Occupiers liability Act 1957 and 1984; the Health and Safety at Work Act etc 1974; the Highways Act 1980 and Local Government (Miscellaneous Provisions) Act 1976; the Wildlife and Countryside Act 1981 as amended by the Countryside Rights of Way Act 2000 and the Habitat Regulations 1994; the Town and Country Planning Act 1990 and the Town and Country Planning (Trees) Regulations 1999.

Hurst Tree Consultants Tree protection and legal issues

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