GOLF and the environment
TPOs and how they affect you!
Tree Preservation Orders and Management of Sports Grounds and Golf Courses. By Oisin Kelly, Principal Land Consultant of Landscape Planning Ltd.
controls impact the volume of timber that can be removed in a any given period from land.
Amenity and Continuity of Tree Cover T
his article looks at the statutory protection of trees covered by a Tree Preservation Order (or Conservation
Area) from the perspective of the sports field manager.
The TPO as a land charge
The Tree Preservation Order is a land charge affecting land and landowners, which seeks to maintain amenity trees by controlling the space that those trees occupy, and to control any cultural treatments that might impact on continuity of tree cover. This is a key point of note, effectively the individual trees are not protected directly, and it is the control of land using a map and a legal charge that allows for councils to approve or refuse planning applications to fell trees. Remember that, for Forestry Act purposes, a whole set of additional
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Amenity is defined as “advantages that accrue” from the presence of a ‘thing’. These advantages can be the community’s visual amenities, strategic landscape amenities (Local Plan and policy reasons) or landscape character reasons (including Conservation and Heritage). The TPO is a planning tool for maintaining tree cover (Note: not maintaining individual trees in perpetuity) and ensuring that continuity of tree cover might exist at a particular location, all other considerations (Local Plan, policy or legal) being equal.
TPOs, Conservation Areas and Sports and Recreational Facilities - The relationship between landowners and TPOs
Tree Preservation Orders are a charge over land and, as such, contain detailed provisions, both protecting amenity and those circumstances in which works to
trees are exempt from planning control. In determining to make a TPO as a response to an application to carry out building or development works or, more generally, in the interests of local amenities, Tree Officers should ensure that they are aware of the local planning policy status of a sports ground, the history of management of the site, the landowners past behaviour (i.e. a responsible and knowledgeable landowner) and the landscape significance in regard to character of the various trees on site. All of this is, simply to say, that planning officers and tree and landscape officers should know why they might make a TPO - is it a strategic reason, is it due to new planning circumstances or applications for built development, is it because of alleged tree felling or pruning of poor management quality? What Council officers should not do is
make TPOs simply because there are trees present. They should be able to demonstrate exactly how the TPOs are connected to strategy and policy, and
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