Commentary on Sections Part 4: Additional Planning Control. Section 122: Tree preservation orders: councils
This section allows councils to make Tree Preservation Orders.  Tree Preservation Orders prohibit the cutting down or damaging of protected trees, groups of trees or woodlands and can also secure the replanting of felled trees.  The Department may make regulations as to the form of Tree Preservation Orders and the procedure to be followed in the making of such orders.  No Tree Preservation Order shall apply to the cutting down, uprooting, topping or lopping of trees which are dead or have become dangerous or the cutting down, uprooting, topping or lopping of any trees in compliance with any obligations imposed by any statutory provision or where necessary for the prevention or abatement of a nuisance. The exception for dying trees has been removed.