Tree Law
Tree Law
We provide professional advice regarding matters on tree law, including:
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Hazardous trees
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Nuisance
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Obstruction
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Encroachment
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Vandalism
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Unauthorised works to protected trees
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Tree Preservation Orders and Conservation Areas
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Felling licences
Tree Preservation Orders
In Northern Ireland trees can be afforded statutory protection by way of a Tree Preservation Order (TPO) under Sections 122 & 123 of the Planning Act (Northern Ireland) 2011 (the Planning Act). Under Section 126 of the Planning Act it is a criminal offence to cut down, uproot or wilfully destroy or damage, top or lop a tree protected by a TPO. Trees located in Conservation Areas are automatically protected, as if by a TPO. The Planning (Trees) Regulations (Northern Ireland) 2015 set out details of the form of a TPO, the procedure for their making, modification, confirmation and revocation. It also outlines the procedure for making a request for works to protected trees.. Tree Preservation Orders can be imposed in order to protect selected trees or woodland if their removal is likely to have significant impact on the local environment and its enjoyment by the public.
In Ireland Tree Preservation Orders (TPOs) may be made under Section 45 of the Local Government (Planning and Development) Act, 1963 and subsequent acts. Part XIII of the Planning and Development Act 2000 sets out the provisions for TPOs. A TPO can be made if it appears to the planning authority to be desirable and appropriate in the interest of amenity or the environment. A TPO can apply to a tree, trees, group of trees or woodland. The principle effect of a TPO is to prohibit the cutting down, topping, lopping or wilful destruction of trees without the planning authority’s consent. The order can also require the owner and occupier of the land subject to the order to enter into an agreement with the planning authority to ensure the proper management of the tree, trees or woodland.
We can help with matters relating to Tree Preservation Orders (TPO's) or trees within Conservation Areas, in the context of trees, planning and development, planning policy, legal disputes and TPO surveys for local councils.
Mortgage Reports
We also provide reports for mortgage applications if you are required to have a survey undertaken by your lender prior to purchase, or in instances where trees are suspected to be causing subsidence or damage to property and infrasture.