Tree Preservation Orders
Local Councils have a legal duty to protect trees and in doing so have rights to place Tree Preservation Orders (TPOs) on certain trees to:
• Protect trees which are particularly attractive, even if there is no direct threat to them.
• Protect important trees or groups of trees which are in danger of being cut down.
• Protect woodland by replanting areas of trees which we agree can be cut down.
Tree preservation orders keep and protect woodland, trees and groups of trees which add to the character and appearance of an area. They also protect the structure and variety of woodland, especially where they offer protection to natural wildlife habitats.
How do Councils decide when a tree preservation order is needed?
Councils may find out that a tree preservation order is needed in a number of ways.
• They identify trees which are important to the appearance of the general area and which may be cut down if a proposed new building is built.
• Councils may also be informed by other Government agencies that they need to protect an area where it is thought that the trees are of special importance or where the area is of special scientific interest or an area of outstanding natural beauty.
• They may hear from different people that certain trees may be under threat and need protecting immediately.
Councils then assess any possible threat and the importance of the trees before deciding whether a tree preservation order is needed.
What are the procedures?
Firstly, councils make a tree preservation order which takes effect immediately. This means they can protect trees which may be under threat. They then tell the owners and occupiers of the land, and any other people who may have an interest, that there is a tree preservation order - sometimes it is announced in the local newspapers.
When a tree preservation order has been made, interested people or the landowner or a developer, may object, write to the council to support the order, or simply give their views.
What if you object?
If you disagree with the tree preservation order, you must object in writing within 28 days of being notified. You can also ask for a hearing before the Planning Appeals Commission.
All objections and other letters that have been received by the Council are then considered, and on the basis of this, they will usually either confirm, withdraw or amend the TPO.
Can protected trees ever be cut down?
Contrary to common belief, there are times when trees that are protected by a tree preservation order may be cut down i.e. the trees are dead, dying or dangerous, or if the trees need to be managed to remove a nuisance, or threat to life or property. If you have a tree on your land that is protected,, you can ask for the Council’s written permission to cut them down or prune them.
If you cut down a protected tree without permission, you are committing a serious offence. Work which is carried out without the formal consent of the Council is illegal and the Council may prosecute offenders and fines of up to £20,000 for each tree may be imposed by the Magistrates Court. If proceedings are instituted in the Crown Court, fines are unlimited. There is a duty to replace any tree removed without permission.
You can find out more about Tree Preservation Orders, the Law and Good Practice by visiting www.communities.gov.uk
