Tree Preservation Orders
A Tree Preservation Order, or TPO, is usually made by a local planning authority (often the local council) to protect a specific tree or woodland from deliberate damage and destruction. This could include felling, lopping, topping, uprooting or otherwise wilful damage.
A TPO can be placed on any tree, including hedgerow trees but not hedgerows themselves. It can also apply to woodland, although this is less common. TPOs are most commonly used for urban and semi-urban settings, and for trees with high ‘amenity’ or ‘nature conservation value’.
Individually specified trees
An Individual TPO protects trees that have grown up individually and are largely unaffected by competition from nearby trees. These will be individually named and numbered represented as individual black circles on the TPO plan, for Example: T1 Oak.
Groups of trees
A Blanket TPO protects trees that have grown up as part of a group of trees that have become co-dependant on one another affording each other mutual shelter. These will be represented as a broken black lines on the TPO plan and the numbers of each different tree will be recorded, for example: G1 2 Oak and 1 Beech.
How does a TPO protect trees and woods?
If a tree or wood is protected by a TPO or is in a conservation area, anyone wishing to carry out management work or remove the tree will need to get permission from the local planning authority (usually the local council).
If permission is not sought from and given by the council, then they have the ability to prosecute which could result in a fine between £2,500 and £20,000!
Someone wants to fell a tree that already has a TPO – what can I do to protect it?
If someone wants to fell a tree that’s already protected by a TPO they must submit an application to the council to do so. This application will have a consultation period attached, which is the perfect opportunity for you to contact the council and submit your objection.
Consider getting the local community involved. Encourage as many people as possible in your local area to contact the council and object to the proposed removal of the tree.
A tree with a TPO on it has been felled. Should another tree be planted?
Yes. If a tree has been felled which is protected by a TPO the landowner has a duty to replace the tree. This is also true if the tree is dead, dying or has become dangerous.
The landowner must plant another tree:
- Of an appropriate size and species,
- In the same place,
- As soon as he or she reasonably can.
If the land is sold before the landowner has replanted the tree, this duty passes to the new owner.
When the tree is replaced it is covered by the original TPO no matter what the new species is. The council should generally then update the TPO to make sure it covers any slight changes to the location or changes to the species.
How to gain permission for a TPO tree?
You can apply online via the Planning Portal and submit a form regarding what work you are wanting done to your tree (s). Your tree surgeons will offer to submit this form for you on your behalf as you have to make sure you get the correct description for what you are having done to your tree and give them a sketch plan of where the tree and your house is on the map. The sketch plan should show boundaries, adjoining properties and names of roads. It is not necessary to draw a scaled plan. See example of a sketch plan.
How long does it take for the council to make a decision?
You will receive a letter of confirmation that they have acknowledged your application, with a date for when you will receive the decision back from the council, this will take up to 8 weeks.
