Barnet Council's Planning Committee has confirmed a Tree Preservation Order (TPO) for a mature oak tree at 64 Kingsley Way, London N2 0EW. The decision, made on Wednesday, March 11, 2026, aims to protect the tree, which council officers described as having veteran tree features
and significant ecological and visual amenity value.
Council officers detailed that 'veteran tree features' include characteristics such as a natural shape and form providing high quality visual tree amenity, a prominent and extensive longitudinal wound, degraded deadwood along a cavity, the development of a hollow stem, and suitability to support individual roosting bats. The report notes that the development of a hollow stem one of the key features of a veteran tree.
The order was provisionally made after the landowner submitted a notice to remove the tree, citing concerns about decay and a lean. However, council officers assessed the tree, noting that while it had a significant lightning scar and hollowing, it appeared healthy and stable, with new growth compensating for the decay. They highlighted its value as an irreplaceable habitat
under the National Planning Policy Framework and the Environmental Act of 2021. The council's Senior Ecologist observed suitability to support individual roosting bats (PRF-I)
and recommended a tree climbing survey to confirm the presence of roosting bats, though a specific survey to quantify the habitat value was not explicitly stated as conducted.
The landowner had raised objections, presenting independent arboricultural evidence classifying the tree as Category C, with a limited remaining life expectancy. James Grant, representing the landowner, spoke of safety concerns for his young children playing near the tree, stating that two independent professional assessments had concluded the tree was nearing the end of its life. He argued that a Category C tree, by definition, has low quality and limited future contribution to the landscape, making a TPO disproportionate.
Council officers countered that the tree's condition, while showing decay, did not pose an immediate risk of failure. They suggested that a crown reduction, which would reduce the tree's height and sway, could alleviate safety concerns while preserving the tree. They disagreed with the assessment of a limited lifespan, stating the tree appeared healthy and could potentially live for many more years if managed correctly.
The committee ultimately voted to confirm the TPO, with Councillor Claire Farrier, the chair, announcing the decision. This confirmation has implications for liability. Should the council confirm the TPO and subsequently refuse consent to fell, it will assume liability under Regulation 24 and Part 6 of the 2012 Regulations for any resultant damage or injury, exposing the authority to foreseeable compensation claims in the event of failure. The landowner reserves the right to pursue compensation under Part 6 of the Tree Preservation (England) Regulations 2012 for any loss or damage resulting from refusal or conditional consent.
The process for appealing a confirmed Tree Preservation Order (TPO) in Barnet Council involves the tree owner applying for permission to remove the tree and, should they wish, appealing any decision made by the authority. The appeal process would be undertaken by the Planning Inspectors under Part 5 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. Further details on the committee's decisions can be found in the Public reports pack 11th-Mar-2026 19.00 Planning Committee.
