ABSTRACT
This chapter explores all references relate to the Town and Country Planning Act (TCPA) 1990. Section 55 of TCPA does not include the planting or cutting down of trees as development. Under s 197 of the TCPA 1990, local planning authorities (lpas) are charged with the duty to 'ensure, wherever appropriate, that, in the granting of planning permission, provision is made by the imposition of conditions for the preservation or planting of trees'. Lpas have powers under s 89 of the National Parks and Access to the Countryside Act 1949 to plant trees on land within their area for the purpose of preserving or enhancing its natural beauty. Lpas are encouraged to impose conditions on planning permissions requiring the planting or preservation of trees. A hedgerow as such does not constitute a tree for the purpose of Tree Preservation Orders, and only individual trees contained within the hedgerow can be covered by an order.
