TPO trees in a new landscape scheme

[jacquemontii]

Does a local authority have the ability to TPO trees in a new landscape scheme even though the trees have yet to be planted?  This is to protect trees being removed by the future residents of a housing development, rather than to replace any existing TPO trees.

If this is the case could anyone please point me to the section of TPO legislation which refers to this?

[Gary Prentice]

1 hour ago, jacquemontii said:

Does a local authority have the ability to TPO trees in a new landscape scheme even though the trees have yet to be planted?  This is to protect trees being removed by the future residents of a housing development, rather than to replace any existing TPO trees.

If this is the case could anyone please point me to the section of TPO legislation which refers to this?

You'd be better asking on UKC (full of TO's, planners and consultants) 

 

I'm interested in the answer myself, because I'm thinking that in these circumstances the only protection that could be afforded would be through a section 106 agreement (short term protection). I don't think that you could protect a tree based on it's future amenity value, and unlike a replacement planting there's no amenity to replace, as such. 

[Adam M]

Yes, trees to be planted pursuant to a condition can be suffixed/prefixed or whatever the word is with a 'c', in the schedule. 

[Jon Heuch]

Sure does.

I have a site where the LA served a woodland TPO (on a woodland) knowing that the site was in their local plan for development purposes. Most of the trees have been cut down as a result.....but the woodland TPO remains and all the landscape trees planted with the development are now covered by the TPO. It's a really silly situation and a great disincentive for planting trees but I expect few people will wake up to the legal reality until it's too late.

As for serving new TPOs prior to the tree being planted, you need to look at regulation 3 from 2012 which references the model order at the end of the regulations. Section 4 of the model order covers the situation.

[Khriss]

Would be a bit odd - part of the tree scape side of the development  would include management plan , to care/preserve the nature of the site. TPO are supposed to be a measure to immediately protect a tree at risk - which shouldn't be the case on a planned site. K