Tree Preservation Orders

On the 6 April 2012 new regulations governing TPO’s came into effect. Whilst many of the changes are aimed at reducing Council administration, there are a number of important changes which affect tree owners and attention is drawn to the list of exemptions outlined below.

Councils can make Tree Preservation Orders (TPOs) for individual trees, groups of trees, areas containing trees, or woodland.

For trees to be made protected they must make a significant visual contribution to their local surroundings. This means that they should be important when seen from public places or a significant number of private premises. Other factors include the extent of any threat to the trees and their condition. Owners and third parties are given the opportunity to make representations at the time an Order is made.

If you know of trees which need protecting email us, giving the precise location and the reason why a preservation order is necessary. If you would like to check if a tree is protected by a Tree Preservation Order please contact us.

The need for consent

You must apply to the Council for consent to prune or fell protected trees. Details of what does or does not need consent may vary according to the precise wording of each order. Consent may be granted with or without conditions, or refused. There is a right of appeal against conditions or refusal. It is an offence to carry out work to a protected tree without first obtaining consent unless special circumstances apply. These include:

removing dead branches from a living tree
cutting down or pruning a tree:
- which presents an urgent and serious safety risk – you must tell the Council (by letter or email) of the proposed work as soon as practicable after the work becomes necessary
- which is dead – you must notify the Council (by letter or email) at least five working days before the proposed work
- which is directly in the way of development that is about to start for which detailed planning permission has been granted
- in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice
- to prevent or control a legal nuisance (you may find it helpful to check first with a solicitor about the interpretation of legal nuisance)
- in line with an obligation under an Act of Parliament
- by or at the request of certain organisations listed in the regulations.
cutting down trees in accordance with one of the Forestry Commission’s grant schemes, or where the Commission has granted a felling licence.

Trimming of hedges does not require consent, though work to a protected tree in a hedgerow does. Some statutory bodies such as the highway authority and organisations like utility operators also have exemptions. The work should however be done in accordance with an agreed code of practice.

If you think a tree may be causing a legal nuisance it may be helpful to check first with a solicitor. If it is dead, dying or dangerous please tell us before doing any work. You must prove that the tree meets one of the above exemptions.

Penalties

Anyone who cuts down or destroys a tree and breaks a TPO is guilty of an offence and could be liable to an unlimited fine, depending on the financial benefit which could result from the removal of the tree. Unauthorised lopping can incur a fine of up to £2,500.

If you wish to carry out work to a tree that is protected by a TPO, you should use the Application for work to trees under a TPO. Please also read the TPO application form - guidance notes.

These can be sent by letter or email.

Documents to download

Useful links

Tree & Hedgerow Protection, Regulations and Policy