What is a tree preservation order?
A Tree Preservation Order is an order made by a local planning authority (LPA) to protect specific trees, groups of trees or woodlands from being chopped down, uprooted or otherwise destroyed without permission.
They are usually put in place to protect trees that are considered to be of high amenity value – that is, they make a positive contribution to the landscape or surroundings.
TPOs can apply to both living and dead trees, as well as stumps and roots. Tree preservation orders do not necessarily mean that the tree is safe from all harm – for example, you may still be able to carry out work on a tree that is subject to a TPO if it is necessary in order to improve its health or appearance.
It is important to note that Tree Preservation Orders can apply to trees on both private and public land.
Who decides whether a tree should have a TPO?
The decision of whether or not to make a Tree Preservation Order is usually made by the local planning authority, after they have carried out a consultation with the owner of the land where the tree is located.
The LPA will take into account a number of factors when making their decision, including the tree’s contribution to the local landscape, its rarity, and whether it is part of a group of trees that form an important feature.
What trees do they apply to?
Tree Preservation Orders can apply to any tree, regardless of species, size or age. They can also apply to groups of trees, and even whole woodlands in some cases.
Having a TPO on a tree doesn’t mean that no work can be carried out on it, however you will need to obtain approval and follow the correct TPO process. More information about the process can be found on your local authority’s planning portal on their website.
What if I have a tree on my property that is subject to a Tree Preservation Order?
If you have a tree on your property that is subject to a Tree Preservation Order, it is important to check the terms of the order before carrying out any work on the tree.
You may need to apply for permission from the local planning authority before carrying out any work that could potentially damage the tree, such as pruning, felling, lopping or uprooting the tree, as well as any work that could damage the tree’s roots.
You will need to submit a Tree Work Application Form to the LPA, along with any relevant supporting documentation. The LPA will then assess your application and decide whether or not to grant permission.
What happens if I damage a tree that is subject to a TPO?
If you damage a tree that is subject to a Tree Preservation Order, you may be liable for a fine of up to £20,000.
If you are found guilty of damaging a tree without permission, you may also be ordered to replace the tree or trees that you have damaged.
In some cases, the Local Planning Authority may also take enforcement action against you, which could result in you being served with an Enforcement Notice.
If you receive an Enforcement Notice, you will be required to carry out works to remedy the damage that has been caused, or face prosecution.
What should I do if I am concerned about the safety of a tree with a TPO?
If you are concerned about the safety of a tree that is subject to a Tree Preservation Order, you should contact the Local Planning Authority or speak to a reputable tree surgery company who can do so on your behalf.
The LPA will be able to assess the tree and decide whether or not it is safe, and if necessary, put in place measures to protect the public from any potential danger.
Do Tree Preservation Orders last forever?
No, Tree Preservation Orders do not last forever. In most cases, they will remain in place until the tree is felled or dies.
However, in some cases, Tree Preservation Orders can be made permanent. This usually happens when a tree is considered to be of exceptional importance to the local landscape.
Need help with TPOs?
If you need any help regarding TPOs or trees on your property that are subject to them, call the team today. We can provide specialist advice and often support landowners with resolving TPO related issues.
