AIE - Subject - Tree Law

aie_logo Tree Law : England & Wales

News

30/12/2007: Department for Communities & Local Government CONSULTATION 'Tree Preservation Orders - Improving Procedures'. Responses to the consultation must be received by 19th February 2008. The main proposals to 'streamline' procedures in England are:
- the introduction of a standard form for all applications to fell or prune trees which are protected by a TPO, including the new requirement for a supporting arb report to justify works to trees considered to be unsafe or the cause of subsidence;
- a more streamlined method for processing TPO appeals, where decisions are based chiefly on material gathered at the application stage,
- the transfer of TPO appeal administration from the nine Government Offices for the Regions to the Planning Inspectorate; and
- revised requirements on local planning authorities regarding the circulation of newly made TPOs.

28/1/2003: HSE Press Release: Check competency of contractors.

Articles & Definitions

Legislation

Access to Neighbouring Lands Act (1992) c.23. Link to HMSO on-line document.
Agriculture & Forestry (financial provisions) Act (1991) c.33. Link to HMSO on-line document.
Ancient Monuments and Archaeological Areas Act (1979).
Anti-social Behaviour Act 2003. Part 8 contains legislation to control high hedges.
Countryside & Rights of Way Act (2000) c.37. Link to HMSO on-line document.
Environment Act (1995) c.25. Link to HMSO on-line document.
Environment Protection Act (1990) c.43. Link to HMSO on-line document.
Forestry Act (1967), as amended.
Forestry Act (1991) c.43. Link to HMSO on-line document.
Hedgerow Regulations (1997).
Highways Act (1980).
The Local Government Act (1988) Amongst other things this act ensures that public authorities allow other companies to tender for, and compete with, the council for carrying out public works. 'Works' include the 'Maintenance of ground' which covers the planting and tending of trees, hedges, shrubs etc.
The Local Government Act (1993) c.27. Link to HMSO on-line document. Also link to HMSO Explanatory Notes.
The Local Government (Amendment) Act (1993) c.27. Link to HMSO on-line document.
Local Government (Miscellaneous Provisions) Act (1976). (see Circular 9/77)
The Occupiers Liability Act (1957/1984).
Planning and Compensation Act (c.34) 1991.
Planning (Listed Buildings and Conservation Areas) Act (1990). Chapter 9. Link to HMSO on-line document.
Planning (Listed Buildings and Conservation Areas) Act (Scotland) (1990). Chapter 9. Link to HMSO on-line document.
Plant Varieties Act (1997) c.66. Link to HMSO on-line document.
National Parks and Access to the Countryside Act 1949.
Rights of Way Act (1990) c.24. Link to HMSO on-line document.
Section 106 Agreement. As contained within the Town & Country Planning Act 1990
Town and Country Planning Act (1990)
Town and Country Planning (costs of inquiries, etc) Act (1995) c.49.Link to HMSO on-line document.
Town and Country Planning Act (Scotland) (1997).Link to HMSO on-line document.
The Town and Country Planning (Trees) Regulations 1999 [Statutory Instrument 1892:1999] See AIE page for these regulations.
Wildlife and Countryside Act (1981).
Wildlife and Countryside (Amendment) Act (1991) c.39. Link to HMSO on-line document.

Forms

Tree Preservation Order Appeal Form. Download Appeal Form TPO 48A and explanatory notes. For use when appealing against LPA refusal for works to trees covered by a TPO (or consent for works but subject to conditions).

Publications

Local Government (Miscellaneous Provisions) Act 1976 - DETR Circular 9/77
Enforcing Planning Control. DETR Circular 10/97
Trees and Forestry. DETR Circular 36/78.
Hedgerow Regulations on the HMSO web site
Tree Preservation Orders - A guide to the law and good practice.
Circular 52/75 - Inspection of Highway Trees. (1975). Department of the Environment
Trees in Dispute. APN3 - AAIS.

Web Sites

The Court Service UK government site.
Law Society Gazette
Expert Witness Institute (EWI).
Government Offices for the Regions. Responsible for processing England's TPO appeals.

Publication Extracts (books, handbooks & bulletins)

Trouble With Trees by Sandi Murdoch and John Murdoch. Estates Gazette April 18th 1998, Issue 9816. Article with references to law cases.
Solloway v Hampshire County Council. Court of Appeal, 26/2/1981. Detailed report of proceedings, Estates Gazette May 30th 1981 Vol 258.
Chapman v Barking and Dagenham London Borough Council. Queens Bench Division, 16/5/1997. Detailed report of proceedings. Estates Gazette November 29th 1997. Issue 9748.
Encroachment of Tree Roots by Mark Pawlowski. Estates Gazette April 15th 1995 Issue 9515. Examination of the Patterson v Humberside County Council, UK law case concerning the liability of a local authority for tree root incursion.
Trees and the Law. Chapter XV. The Arboriculturists Companion by N. James. ISBN 0-631-16774-9. Includes sections for trees on boundaries, landlord-tenant, definition of timber, overhanging trees, tree roots, poisonous trees, dangerous trees and an excellent section on specific law cases.

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