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Insights // 01 October 2020

Tree Preservation Orders (TPO) - The Right of Entry for A Local Planning Authority

Partner Karen Jones, in our Planning & Environmental Law team, explains the powers available to a local planning authority to investigate possible breaches of TPOs.

We have previously explained Tree Preservation Orders (TPOs) in our earlier blog article, 'What is a Tree Preservation Order? (TPO)'. As discussed in that article, it is an offence to carry out various works to a tree protected by a TPO unless authorised by a local planning authority. Clearly therefore it will be an important duty of the local planning authority to investigate alleged breaches of TPOs and take steps to enforce the TPO where such works have been carried out. This article will consider the powers available to a local planning authority to investigate possible breaches of TPOs.

Government guidance in the form of Planning Practice Guidance advises that authorities should initially take steps to investigate whether any offence has taken place following receipt of any such allegation. Contravention of a TPO without the consent of the local planning authority is a criminal offence and accordingly local authorities must have regard to the Codes of Practice published in respect of criminal investigations. 

If the relevant tree is on Council owned land then clearly it will be easier to carry out the investigation as the consent of the owner would not be required to access the land. The Town and Country Planning Act 1990 does however provide the Council with powers to access land to investigate alleged breaches where the relevant tree is otherwise inaccessible.

Section 214B of the Town and Country Planning Act 1990 (“1990 Act”) provides that a local planning authority can authorise a person to enter any land for the purpose of:

a) Surveying it in connection with making or confirming a tree preservation order with respect to the land;

b) Ascertaining whether an offence under section 210 or 211 has been committed on the land; or

c) Determining whether a notice under section 207 should be served on the owner of the land

Where there are reasonable grounds for entering the land for one of the above purposes.

Section 214B(8) 1990 Act provides that access should be exercised at a reasonable hour. It further provides protection for those who occupy a property as a residential dwelling by requiring at least 24 hours’ notice of the intended entry to be given to the occupier of that property.

Section 214D of the 1990 Act states that the person authorised to enter the land shall if required produce evidence of his authority and further state the purpose of his entry prior to entering the land. It further permits that authorised person to take with him any such persons as may be necessary.

It is a criminal offence to wilfully obstruct a person who is exercising a right of entry. If prosecuted for wilful obstruction a person could be liable for a fine not exceeding Level 3 on the standard scale. A Level 3 fine is currently set at £1,000.00.

If access is denied by the property occupier then Section 214C provides the local planning authority with the power to apply to the Magistrates Court for a warrant of entry. This Section 214C states that if it is shown to the satisfaction of the justice of the peace

a) That there are reasonable grounds for entering any land for the purposes mention in the 1990 Act; and

b) that –
i) Admission to the land has been refused or refusal is reasonably apprehended; or
ii) The case is one of emergency

Then the Court may issue a warrant authorising the local planning authority to enter the land. The local planning authority must exercise the right of entry on one occasion only and within one month of the date of the warrant and at a reasonable hour, unless the case is one of emergency.

In our experience Councils do take their duties in relation to TPOs seriously and will not hesitate to exercise the powers it has available under legislation to investigate any breaches. If you receive correspondence from the Council in relation to an alleged breach you should seek legal advice as soon as possible.

For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800. 

This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.

Karen Jones

Karen Jones

Partner, Planning & Environmental Law

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