Article: Tree Preservation Orders Article Body A tree preservation order (TPO) is an order made by the council in respect of trees or woodlands. The principal effect of a TPO is to prohibit the... (1) cutting down, (2) uprooting, (3) topping, (4) lopping, (5) wilful damage, (6) wilful destruction ...of trees without the council's consent. The cutting of roots is also potentially damaging and so, in the Secretary of State's view, requires the the council's consent. Relevant legislation The law on TPOs is in Part VIII of the Town and Country Planning Act 1990 and in the Town and Country Planning (Trees) Regulations 1999, which came into force on 2 August 1999. The act must be read in conjunction with section 23 of the Planning and Compensation Act 1991 which amended some of the TPO provisions in the 1990 act and added four new sections (sections 214A, 214B, 214C and 214D). Making a TPO The power to make a TPO is exercised by the council. Council's may make a TPO if it appears to them to be: 'expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area'. The act does not define 'amenity', nor does it prescribe the circumstances in which it is in the interests of amenity to make a TPO. In the Secretary of State's view, TPOs should be used to protect selected trees and woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public. LPAs should be able to explain to landowners why their trees or woodlands have been protected by a TPO. Amenity value They are advised to develop ways of assessing the 'amenity value' of trees in a structured and consistent way, taking into account the following key criteria: (1) visibility: the extent to which the trees or woodlands can be seen by the general public will inform the council's assessment of whether its impact on the local environment is significant. If they cannot be seen or are just barely visible from a public place, a TPO might only be justified in exceptional circumstances; (2) individual impact: the mere fact that a tree is publicly visible will not itself be sufficient to warrant a TPO. The council should also assess the tree's particular importance by reference to its size and form, its future potential as an amenity, taking into account any special factors such as its rarity, value as a screen or contribution to the character or appearance of a conservation area. (3) wider impact: the significance of the trees in their local surroundings should also be assessed, taking into account how suitable they are to their particular setting, as well as the presence of other trees in the vicinity. How to protect a tree, or group of trees If you wish to protect a tree or a couple of trees, please contact the Tree Officer at the following address: developmentmanagement@barnsley.gov.uk Alternatively, you can write to the Tree Officer at the following address: Development Control, Barnsley Council, Planning and Transportation, PO Box 604, S70 9FE Further Advice For further advice on tree preservation order, please download the following guidance note: Tree Preservation Orders: A Guide to Law and Good Practice