Tree Preservation Orders
The question
To ask the Secretary of State for Housing, Communities and Local Government, if he will take steps to reintroduce Article 5 certificates, in the context of trends in the number of cases where Tree Protection Orders are removed at the request of insurance companies; and what discussions he has had with (a) the Secretary of State for Environment, Food and Rural Affairs, (b) Forestry England and (c) the Association of British Insurers on the proposed new protocol to protect trees at risk of felling.
Answered by Matthew Pennycook
The Tree Preservation Order system is the primary method of protecting trees and woodlands in England. Anyone applying to a local authority to cut down, top, lop or uproot trees subject to an Order because of tree-related subsidence damage is required to set out evidence which demonstrates that the tree is a material cause of the problem and that other factors have been eliminated as potential influences so far as possible.
A local authority is only liable to pay compensation for loss or damage incurred as a result of refusing any consent under an order, and not for loss or damage attributable to the claimant's failure to take reasonable steps to avert the loss or damage or mitigate its extent.
I have had no recent discussions with Defra, the Forestry Commission or the Association of British Insurers on this matter and the Government has no immediate plan to amend the current legislation for Tree Preservation Orders.
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