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Tree Preservation Orders

Volume 463: debated on Monday 23 July 2007

To ask the Secretary of State for Communities and Local Government whether a tree preservation order may be placed on a tree or series of trees, subsequent to a planning application being granted; and whether such an order overrides the application. (148411)

Section 197 of the Town and Country Planning Act 1990 places a duty on planning authorities to make adequate provision for the protection and planting of trees when granting planning permission. The planning authority should therefore take the presence of trees into account when determining planning applications.

Tree preservation orders cannot be used to prevent development for which full planning permission has already been granted. They may be used, however, to protect trees which do not have to be removed in order to implement the approved development, or where only outline permission has been granted.