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TPO Legislative Context

The Council Planning Department has a discretional planning power to make a Tree Preservation Order.  The legal parameters for making a Tree Preservation Order are set out in The Planning Act (Northern Ireland) 2011.

The Planning Act (NI) 2011 

Specific sections of the Act set out the legislative requirements for a Council to make a Tree Preservation Order or a Provisional Tree Preservation Order.  These are:

  • Section 122 Tree Preservation Orders: Councils

  • Section 123 Provisional Tree Preservation Orders

It is important to note that the Department for Infrastructure reserves planning powers to make a Tree Preservation Order under Section 124 of the Planning Act (NI) 2011.

Scheme of Delegation

The Planning Department Scheme of Delegation sets out who has the power to make a Provisional Tree Preservation Order or Full Tree Preservation Order and who has the power to confirm a Tree Preservation Order.


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