Tree Preservation Orders

The offence of contravention of a Tree Preservation Order is contained within section 210 Town and Country Planning Act 1990. As a result if any person, in contravention of tree preservation regulations they are guilty of an offence:

1. cuts down, uproots or wilfully destroys a tree,
2. wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, or
3. causes or permits the carrying out of any of the activities in paragraph (a) or (b),

Defences

1. The following, are potential defences to an offence pursuant to Section 210:
2. the tree in question is dead, dying, or dangerous;
3. the work is required to comply with a statutory obligation;
4. the work is necessary for the prevention or abatement of a nuisance;
5. the works are urgently necessary to remove an immediate risk of serious harm;
6. the tree in question is cultivated for the production of fruit in the course of a business or trade and such work is in the interests of that business or trade;
7. The works involve the removal of dead branches from a living tree;
8. The work is necessary to implement a planning permission (other than an outline planning permission).

Sentence

The offence is not well known. Most concerningly, lack of knowledge of an order is not a defence – it can only be mitigation. The result is that individuals can breach TPOs without knowing they are doing so and show the importance of proper due diligence before embarking on tree removal.

There are no sentencing guidelines for breaching a TPO, which means that the sentences imposed can be vast and inconsistent. The following are accepted as being the key considerations when approaching sentence:

1. the degree of financial gain that the defendant has attempted to achieve;
2. the degree of culpability of the defendant; and
3. the degree of damage that has been done.

The starting point that should be taken is the amount saved by the Defendant in not complying with the order. This can then be adjusted depending upon the flagrancy and whether the destruction was deliberate.

It is important to be aware that there are sentencing guidelines that apply to the Northern Ireland offence (which is broadly the same as the England and Wales legislation).