Tree preservation orders (TPOs)
In England, Scotland and Wales, TPOs are made by local planning
authorities to protect trees for amenity, public enjoyment or their
environmental benefit. They can apply to individual trees, groups or
areas of trees, or whole woods and parklands. Hedgerow trees can be
protected but not hedges.
A TPO prohibits the cutting down, topping, lopping, uprooting, wilful
damage or destruction of trees without first obtaining permission from
the local planning authority, unless the tree is dead, dying or
dangerous (this can cause problems when dealing with important ancient
trees), or in the way of development which has planning permission. A
TPO protects a tree’s roots as well.
Breach of a TPO is an offence carrying a fine of up to £20,000, or an
unlimited fine in very serious cases. Local planning authorities can
also seek injunctions to stop work if there is a threat of
contravention of a TPO.
In the case of unauthorised felling, the courts can order replanting
and the TPO applies immediately to the replacement trees.
Conservation areas
Conservation areas are designated by the local planning authority for
their historic value. While focused on the built environment this
designation also brings some protection for trees and woods. If over
7.5cms in diameter, trees in Conservation areas cannot be felled,
lopped or uprooted without giving written notice to the local planning
authority. The authority then has six weeks in which to do one of the
following:
- serve a TPO, in which case the applicant has to make an
application for the work to be granted consent under the TPO
- give notice to the applicant that they do not intend to make a
TPO, in which case the work may proceed
- if no notice has been issued by the planning authority then the
work is deemed to be approved, and may be carried out within two
years of the expiry of the six week period.
What you can do
You can find out if a tree or wood is covered by a TPO from the local
planning authority. They are able to provide you with a paper copy of
the order, sometimes subject to a charge. You can also check on a
register of applications and decisions whether permission has been
granted to carry out work. Many local authorities have a tree officer
or forestry officer responsible for overseeing TPOs, who may be
willing to help.
If no TPO is in place and you are concerned that a tree or wood is
under threat, you could ring or write to the local planning authority
asking that it consider putting a TPO in place. Authorities usually
have very specific criteria that have to be met for a draft TPO to be
considered. However, even after the confirmation of a TPO, a
subsequent planning application might cause the order to be overturned
at a later date.
An emergency TPO comes into effect immediately, lasting for six months
while arrangements are made for a permanent order. This means you
could request a TPO to protect a tree even if felling has begun.
Ancient trees are often thought to be dying or dangerous if they have
dead limbs or decaying trunks. There are skilled arboriculturalists
with specialist experience dealing with ancient trees. It is essential
to check that people advising potential developers on treatments to
ancient trees have the appropriate qualifications and expect even then
that on occasions advice can vary between experts. Often, ancient
trees can be made safe without needing to remove the whole tree – a
dead standing “monolith” can be very valuable for wildlife and should
be retained where possible.
Find out more
Related Sections
Disclaimer.
This information is based on the experiences of the
Woodland Trust and Ancient Tree Forum in dealing with cases of woods
and trees under threat. While its content is intended to broaden
understanding of the process, the Woodland Trust and Ancient Tree
Forum do not accept liability for any errors or omissions or for any
loss arising from use of the information contained herein by other
parties. In any circumstances outside the knowledge and competence of
an individual, he or she should always seek advice from an appropriate
qualified professional such as a surveyor or solicitor depending on
the case. None of the information on this web-page is to be relied
upon as a statement of fact.
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