ABSTRACT
A potential conflict exists between the common law rights relating to property and the effect of a Tree Preservation Order (TPO) which is intended to preserve trees in their natural state. TPOs, unlike the listing of buildings, may also result in claims for compensation. This can occur when the local planning authority (lpa) is unwilling to permit action which will result in the removal, or topping or lopping of a tree which is the subject of an order. Prosecution for the harming of trees can prove to be fraught with problems. No compensation is payable in relation to the making of a TPO, but it may be payable for loss or damage resulting from the refusal of consent to remove trees or the imposition of conditions. The general principle is that any person who has suffered loss or damage in consequence of any refusal is entitled to compensation.
