The Town and Country Planning Act 1990 and the Town and Country Planning (Trees) Regulations 1999 give Local Planning Authorities the power to make and administer Tree Preservation Orders on all trees, including those in private ownership. These Orders are intended to preserve the public amenity benefits of trees, but they are not intended to preserve the tree in ‘aspic’.

Tree owners often believe that they cannot touch preserved trees and that they are in some way not responsible for them, but this is not the case. The tree owner or manager still has responsibility for the tree and is still liable for its actions. Therefore they have the same duty of care as any other tree owner or manager and they are expected to manage their tree in a reasonable way, which is likely to mean occasionally pruning and eventually the felling and replacement of the tree at the end of its life. The Order merely means that a formal application has to be made to the Local Planning Authority and consent granted before the works are carried out, and Mark Carter can make these applications on behalf of clients.

Occasionally, disagreements occur between the Local Planning Authority and the tree owner or manager with regard to what works are reasonable and which trees should be preserved. In these situations, Mark Carter can advise on a course of action, make representations to the Local Planning Authority, and, in extreme cases, make formal objections to new Tree Preservation Orders or mount appeals against refusal of an application to carry out works.