Woodland TPO

[Novicegardener101]

First let me start by saying for my naivety, I’m ashamed and scared of the repercussions. 

 

Not highlighted during the conveyancing stage, I’ve recently discovered that an old (pre 1990) Woodland TPO overlaps my now garden (property built 10 years later). 
 

I have now seen a copy of the TPO and it is for a woodland area (which overlaps half of my garden, which is lawn, block paving and some planting) along with three named species of tree. 

 

My concern is that I may have inadvertently breached this TPO by pruning a couple of trees/bushes in the garden (they do not seem to be of the named species). There is still woodland to the rear, outside the fence, but the garden, I think obviously, is not. 
 

It seems like the TPO does not reflect the current use of the land. Perhaps development superseded it? Some of the area is still woodland, but part of it now spans multiple garden, none resembling woodland. 
 

I have admitted this error and tried to seek clarity on the councils position but have not had much help yet. 
 

Does it sound like I should be worried about prosecution? I just thought I was doing some general garden maintenance. We know trees to the rear (overhanging) are protected and are seeking permission for works to those - I had no idea the existence/scope of the TPO and am now horrified. Please help and reassure me (if you can!)

Edited June 4, 2023 by Novicegardener101

[kevinjohnsonmbe]

20 minutes ago, Novicegardener101 said:

First let me start by saying for my naivety, I’m ashamed and scared of the repercussions. 

 

Not highlighted during the conveyancing stage, I’ve recently discovered that an old (pre 1990) Woodland TPO overlaps my now garden (property built 10 years later). 
 

I have now seen a copy of the TPO and it is for a woodland area (which overlaps half of my garden, which is lawn, block paving and some planting) along with three named species of tree. 

 

My concern is that I may have inadvertently breached this TPO by pruning a couple of trees/bushes in the garden (they do not seem to be of the named species). There is still woodland to the rear, outside the fence, but the garden, I think obviously, is not. 
 

It seems like the TPO does not reflect the current use of the land. Perhaps development superseded it? Some of the area is still woodland, but part of it now spans multiple garden, none resembling woodland. 
 

I have admitted this error and tried to seek clarity on the councils position but have not had much help yet. 
 

Does it sound like I should be worried about prosecution? I just thought I was doing some general garden maintenance. We know trees to the rear (overhanging) are protected and are seeking permission for works to those - I had no idea the existence/scope of the TPO and am now horrified. Please help and reassure me (if you can!)

What’s your geographical location?

[Novicegardener101]

England. I’m hesitant to be more specific than that, if that’s okay. 

[Novicegardener101]

3 minutes ago, kevinjohnsonmbe said:

What’s your geographical location?

Sorry I have just replied below but didn’t quote, also a novice forum user. England. 

[kevinjohnsonmbe]

2 hours ago, Novicegardener101 said:

England. I’m hesitant to be more specific than that, if that’s okay. 

You might end up with some general opinions, maybe even some opposing views but your best bet would be to get someone local to have a proper look at the site and the circumstances. I’d suggest it would be money well spent to allay your fears or to propose a mutually agreeable remediation. 
 

If you were to indicate a geographic region you might get someone nearby to take it on. 
 

 

 

 

[Novicegardener101]

2 minutes ago, kevinjohnsonmbe said:

You might end up with some general opinions, maybe even some opposing views but your best bet would be to get someone local to have a proper look at the site and the circumstances. I’d suggest it would be money well spent to allay your fears or to propose a mutually agreeable remediation. 
 

If you were to indicate a geographic region you might get someone nearby to take it on. 
 

 

 

 

Appreciate your time, thank you. Who would I approach? A local arborist? 
 

None of this has been intentional, are councils pretty strict and unforgiving or can they be reasonable with these things? 

[Puffingbilly413]

Were the garden trees you pruned planted after the original TPO? If so then they shouldn't fall under it.

 

 

[Novicegardener101]

8 minutes ago, Puffingbilly413 said:

Were the garden trees you pruned planted after the original TPO? If so then they shouldn't fall under it.

 

 

I can only assume so, 99% sure. The TPO is from the 80s and part of the woodland has been developed on in the 90s. 

 

What it seems a corner of woodland, is now a typical fenced off garden, with the remaining woodland behind the fence. 
 

The garden is very much not woodland and doesn’t seem to have any of the 3 species named in the TPO. 
 

Edit: But apparently the woodland TPO designation can include any tree in that area, even new trees. It’s very confusing. 

Edited June 4, 2023 by Novicegardener101
Additional Info

[Puffingbilly413]

27 minutes ago, Novicegardener101 said:

I can only assume so, 99% sure. The TPO is from the 80s and part of the woodland has been developed on in the 90s. 

 

What it seems a corner of woodland, is now a typical fenced off garden, with the remaining woodland behind the fence. 
 

The garden is very much not woodland and doesn’t seem to have any of the 3 species named in the TPO. 
 

Edit: But apparently the woodland TPO designation can include any tree in that area, even new trees. It’s very confusing. 

A TPOd woodland would continue to offer protection for naturally seeded trees after the original TPO date.  It seems as if there should have been a variation of this particular TPO at the time of the building of new houses/gardens to reflect the fact that the woodland boundary has, in effect, changed. 

 

I'm presuming that all the building works and tree felling at that time were done with required planning consent (including permission to fell protected trees). If so, then it shouldn't take much for the council to recognise that the existing TPO needs changing.  I say should - because in practice councils tends to change things at glacial pace.

Going back to your fear of prosecution - I would say you can relax a bit.  I can't see any local authority going after you in these circumstances - they'd be daft to as I can't see from what you've described how they could legitimately consider your garden trees as falling under this particular TPO.  It was made to protect a woodland which in the case of your garden no longer exists.

[Novicegardener101]

19 minutes ago, Puffingbilly413 said:

A TPOd woodland would continue to offer protection for naturally seeded trees after the original TPO date.  It seems as if there should have been a variation of this particular TPO at the time of the building of new houses/gardens to reflect the fact that the woodland boundary has, in effect, changed. 

 

I'm presuming that all the building works and tree felling at that time were done with required planning consent (including permission to fell protected trees). If so, then it shouldn't take much for the council to recognise that the existing TPO needs changing.  I say should - because in practice councils tends to change things at glacial pace.

Going back to your fear of prosecution - I would say you can relax a bit.  I can't see any local authority going after you in these circumstances - they'd be daft to as I can't see from what you've described how they could legitimately consider your garden trees as falling under this particular TPO.  It was made to protect a woodland which in the case of your garden no longer exists.

It would seem that way, but given that it hasn’t been amended, my concern is that technically I could be in breach of it. I’m very good at catastrophizing, as you may have noticed. I’m just hoping the council can apply some what I think is common sense and appreciate my openness. 
 

I imagine so, multiple properties were developed with permission in the 90s. The TPO was overlayed on the new land layout in the 00’s but there was no amendment to the TPO. 
 

The woodland still exists, just not in the shape or size it once did, the old woodland TPO footprint overlays a lot of gardens, which are very much not woodland and are of a typical lawn style.
 

Really appreciate your time and insights.