Planning and Development Act 2024

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Tree preservation orders

267. (1) If it appears to a planning authority that it is expedient, in the interests of amenity or the environment, to make provision for the preservation of any tree, group of trees or woodland, it may, for that purpose, make an order with respect to any such tree, group of trees or woodland as may be specified in the order.

(2) Without prejudice to the generality of subsection (1), an order under this section may—

(a) prohibit (subject to any conditions or exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of any tree or trees, and

(b) require the owner or occupier of the land, or both, affected by the order to enter into an agreement with the planning authority to ensure the proper management of any tree, group of trees or woodland (including the replanting of trees), subject to the planning authority providing assistance, including financial assistance, towards such management as may be agreed.

(3) Without prejudice to any other exemption for which provision may be made by an order under this section, no such order shall prevent the cutting down, topping or lopping of trees which are dying or dead or have become dangerous, or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any enactment or so far as may be necessary for the prevention or abatement of a nuisance or hazard.

(4) (a) Where a planning authority proposes to make an order under this section, it shall—

(i) serve notice of the proposal on the owner and the occupier of the land affected by the proposed order, and

(ii) cause notice of the proposed order to be published in at least one newspaper circulating in its functional area.

(b) A notice under subparagraph (i) of paragraph (a) shall be accompanied by a map indicating the location of the tree, group of trees or woodland the subject of the proposed order.

(5) A notice under subsection (4) shall give particulars of the tree, group of trees or woodland to be preserved, and of the proposed order, and shall state—

(a) that the planning authority proposes to make an order preserving the tree, group of trees or woodland,

(b) the grounds on which it is proposed to make the order,

(c) that submissions regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks from the date of the notice, and that the submissions will be considered by the planning authority, and

(d) that any person who contravenes an order or, pending the resolution of a planning authority under subsection (7), a proposed order, shall be guilty of an offence.

(6) Not later than 4 weeks after the expiry of the period for making submissions under paragraph (c) of subsection (5), the chief executive of the planning authority shall prepare a report on any submissions received and not withdrawn, and submit the report to the members of the planning authority for their consideration.

(7) The planning authority shall consider the report referred to in subsection (6) and may by resolution make the order, with or without modifications, or refuse to make the order, and any person on whom notice has been served under subsection (4) shall be notified accordingly.

(8) (a) Where a planning authority proposes to make an order to amend or revoke an order made under subsection (7), the planning authority shall—

(i) serve notice of the proposal on the owner and the occupier of the land affected by the proposed order, and

(ii) cause notice of the proposed order to be published in at least one newspaper circulating in its functional area.

(b) A notice under subparagraph (i) of paragraph (a) shall be accompanied by a map indicating the location of the tree, group of trees or woodland the subject of the proposed order.

(9) A notice under subsection (8) shall give particulars of the tree, group of trees or woodland the subject of the order proposed to be revoked or amended, and shall state that—

(a) the planning authority proposes to amend or revoke the order (with particulars of the proposed amendment or revocation),

(b) submissions regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks from the date of the notice, and that the submissions will be considered by the planning authority, and

(c) any person who contravenes an order under subsection (11) that amends an order made under subsection (7) or, pending the resolution of a planning authority under subsection (11), an order proposed under subsection (8) to amend an order made under subsection (7), shall be guilty of an offence.

(10) Not later than 4 weeks after the expiry of the period for making submissions under paragraph (b) of subsection (9), the chief executive of the planning authority shall prepare a report on any submissions received and not withdrawn, and submit the report to the members of the planning authority for their consideration.

(11) The planning authority shall consider the report referred to in subsection (10) and may by resolution make an order revoking or amending the order made under subsection (7), with or without modifications, or refuse to do so, and any person on whom notice has been served under subsection (8) shall be notified accordingly.

(12) A person, in writing, or the members of the planning authority, by resolution, may request the planning authority to propose the making of an order in accordance with subsection (4) or (8) and the planning authority may, where it considers it appropriate, do so.

(13) Subsection (12) is without prejudice to the power of the planning authority to propose the making of an order in accordance with subsection (4) or (8) of its own motion.

(14) A person who contravenes an order under subsection (7) or (11) or, pending the resolution of a planning authority, a proposed order under subsection (4) or (8), without reasonable excuse, shall be guilty of an offence.

(15) Particulars of a notice under subsection (4), a resolution under subsection (7), a notice under subsection (8) and a resolution under subsection (11) shall be entered in the register.