Tree Preservation Order

This clause appears to conflate two unrelated concepts, which suggests either a drafting error or an unusual contractual structure. "Tree Preservation Order" (TPO) is a planning mechanism that protects specific trees or woodlands from being felled, topped, lopped, or uprooted without local authority consent; it is a substantive property restriction with real legal and financial consequences. "Confidentiality" typically refers to obligations not to disclose sensitive information. If this clause genuinely attempts to impose confidentiality obligations regarding Tree Preservation Orders, it may be trying to restrict the buyer's ability to disclose TPO information to third parties (such as surveyors, contractors, or future buyers), which would be highly unusual and potentially problematic. Alternatively, this may be a mislabeled clause that should simply address TPO disclosure. Either way, the clause as described is confusing and creates ambiguity about the parties' actual intentions.

Seek immediate clarification from the drafting party about what this clause actually intends to achieve. If it is meant to disclose TPO status, treat it as a substantive property restriction (similar to Clause 380) and verify TPO status through the local authority's records. If it genuinely attempts to impose confidentiality restrictions on TPO information, resist this strongly—you cannot ethically or legally be prevented from disclosing material property restrictions to your own advisors, lenders, or future buyers. Request that the clause be redrafted to clearly separate TPO disclosure (a substantive obligation) from any legitimate confidentiality provisions (which should be narrowly tailored and reciprocal).