Developers often ask whether a Tree Preservation Order will apply to saplings when carrying out clearance works on sites which are subject to an Order.

The High Court has confirmed that a sapling constitutes a tree for the purpose of a Tree Preservation Order.

Developers carrying out clearance works on sites have long arged that Tree Preservation Orders (TPOs) should not apply to saplings.  Such Orders are made to protect trees and woodlands and prevent developers from removing them.

The recent case was brought by a company seeking to develop a wharf in Kent. The local authority refused the planning application and placed a TPO on the trees.  The site also featured scrub, shrubs and saplings and the developer argued that these were not subject to the TPO and could be removed.

The High Court judge agreed with the Planning Inspector in deciding that the TPO covered saplings and trees at all stages of their development and that there is no limitation in terms of size for what is to be treated as a tree. He concluded that, “in other words, saplings are trees”, and added that “a TPO for woodland extends to all trees in the woodland, even if not in existence at the time the Order is made”.

If you require any assistance with tree preservation orders or other planning related issues, please contact Helen Van Willegen on 01639 640549 or at helen.vanwillegen@hutchinsonthomas.com