Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what assessment he has made of the potential merits of compensating or indemnifying local authorities for any financial damages they may be asked to pay, in respect of legal challenge by residents and businesses, as a result of non-removal of Tree Preservation Orders from protected trees; and if he will make a statement.

The Government recognises the value of trees, including their support for biodiversity, their relationship to landscape and amenity, their contribution to health and mitigating climate change and, in many cases, their rarity and role as part of our cultural heritage. The Tree Preservation Order (TPO) system is an important method of protecting trees and woodlands of amenity value.

The Town and Country Planning Regulation 2012 clearly sets out that an authority is only liable to pay compensation for damage caused by TPO trees in certain circumstances; there are strict criteria and limitations. This is also set out in our Planning Practice Guidance.

This year, the Government has made available an increase in Core Spending Power in England from £49 billion in 2020-21 to up to £51.3 billion in 2021-22, a 4.6% increase in cash terms. This recognised the resources councils need to meet their pressures and maintain current service levels.