ABSTRACT

As indicated in the introduction to the previous chapter, trees can result in contentious issues, particularly between neighbours. A potential conflict also 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 (which is also designed to retain existing features), may also result in claims for compensation. This can occur when the local planning authority 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.