The Review of Tree Preservation Orders in Bath & North East Somerset

Why is the Council reviewing its TPOs?

There are nearly 400 TPOs in the District affecting hundreds of properties.  Some of these TPOs were made more than 40 years ago and consequently may no longer protect the best quality or most appropriate trees.

Many of these older TPOs include ‘Blanket’ or ‘Area’ protection to all the trees within a defined area regardless of their quality and only protect trees present at the time the order was made.  Other trees may have grown within the area since that order was made, but these are not legally protected. However, it is not easy to make a definitive assessment of age which can lead to confusion and often residents apply to the Council for consent to prune or remove trees that are not of high amenity value or indeed might not be protected anyway.  Many of these area orders cover several properties, particularly if residential development has occurred on the land affected.

The purpose of this review is to ensure the District’s TPOs are brought up to date, protecting the trees that the Council considers continue to make a valuable contribution to landscape character and visual amenity, and lifting restrictions from trees that do not merit special protection.  Trees that will continue to be protected will be re-categorised where appropriate into single trees, groups of trees or woodlands and ideally, new TPOs will be made that are specific to individual properties in order to clarify the status of existing trees and to help owners when considering tree works.

Is Bath & North East Somerset the only Council reviewing its TPOs?

No.  The Government has recommended that all Councils review TPOs to ensure they remain up to date.

Are all the TPOs in the District being reviewed?

No.  Many of the District’s TPOs were made in recent years and are still up to date, and the practice of protecting large areas with ‘blanket’ orders is now rarely used. Following the completion of the Area Order review a rolling review programme will address the remaining TPOs.

Who is carrying out the Review?

The Council is responsible for carrying out the Review. Having assessed the various options it has been decided for this work to be carried out ‘in-house’. Alister Rankine (Temporary Tree Officer) is the main point of contact.

How will this affect the existing TPOs on my trees?

The best trees in your garden will be protected by the new TPO whilst protection may be lifted from trees that we consider to be of poorer quality.  It is possible that some trees that were too young to be included in the area order may be recommended for inclusion in the new TPO.

It is important to remember that if you live in a Conservation Area you may need to notify the Council if you intend to prune or remove trees that are not protected by a TPO.

I do not have any trees on my property so why have I received details of new TPOs resulting from the Review?

The Council has a legal obligation to inform the owners/occupiers of all properties bordering the property affected by a new TPO in case any of the protected trees have an impact (e.g. overhanging branches).  So even if you do not have trees in your garden, but your neighbour does and they are affected by the Review you will be notified and receive copies of all the relevant documents.