Tree Preservation Orders

TREE PRESERVATION ORDERS

WHAT IS A TREE PRESERVATION ORDER?

A Tree Preservation Order (TPO) is an order made by a Local Planning Authority (LPA) in respect of trees. The order makes it an offence to cut down, uproot, prune, damage or destroy the tree or trees in question. The cutting of tree roots is also an offence. A TPO can apply to a single tree, a group of trees or woodland. TPO's can only apply to trees; they cannot apply to bushes, shrubs or hedges (unless the hedge has reverted back to a line of individual trees). The tree under order can be of any size, species or age.

The Planning Department may make a TPO if it is deemed that the tree offers amenity value to the surrounding area, and that its loss would have a significant impact on the environment and its enjoyment by the public. To this end, the tree(s) would normally be visible from a public place and would contribute to the landscape in some way. The Planning Department has to justify the placement of a TPO and the tree owner can object to the placement of such an order.
A TPO does not mean that the Council now owns the tree nor does it mean that they are responsible for the cost of its maintenance. Trees covered by TPO's remain the responsibility of the landowner, both in terms of any maintenance that may be required from time to time and for any damage they may cause. The Council must formally approve any works to a TPO tree.

It is important not to confuse trees subject to TPO's with trees located within Conservation Areas; the legislation is completely different and will require a separate type of application.

HOW DO I REQUEST A TREE PRESERVATION ORDER?
If you would like a tree to be protected by a tree preservation order a request should be made in writing to the planning department, clearly identifying the tree in question. The tree will then be assessed by the council. If it is considered acceptable to protect the tree, a preservation order will be placed accordingly.

HOW IS A TPO MADE?
If the Council wishes to issue a Tree Preservation Order over a tree (or trees) on a property, they will serve a formal notice and write to other interested parties advising them of the making of the Order.

CAN I OBJECT TO OR SUPPORT A TPO?
You (or anyone else) have 28 days from the date of the Order within which to object or support the Order. Always set out the reasons for your views and providing any further details concerning the trees covered by the Order in writing to us. We will take these into account in deciding whether to confirm the Order.

UNDERTAKING WORKS TO A PROTECTED TREE
Although there are certain circumstances in which permission to carry out works to a protected tree are not required, it is generally safe to say that you should write to us to request permission to carry out tree works.(see forms below)
You should provide details of the trees on which you intend to do work, the nature of that work - such as lopping or topping - and the reasons why you think this is necessary. The advice of a qualified Tree Surgeon may also be helpful.

DO I ALWAYS NEED THE COUNCIL'S PERMISSION?
YES, except in the following limited circumstances:-
Where a protected tree is dead, dying or dangerous. Even so, unless the matter is urgent, such as a tree blown down over a public highway, you should still give the Council a weeks notice before you take any action. This ensures that we know what you are doing ( thereby avoiding potential prosecution if the Council think the works are not actually necessary) we can decide whether a replacement tree is required.

Where the tree is a fruit tree and the works (such as pruning) are undertaken for cultivation purposes.

Where works are necessary to prevent or remedy a statutory nuisance. Legal advice should be sought in these circumstances.

Where the tree is to be removed in accordance with a planning permission for development.

Where there is an approved Felling Licence, Forestry Dedication Covenant, or plan of forestry operations approved by the Forestry Commission.

WHAT HAPPENS IF I DON'T APPLY FOR PERMISSION?
The courts have powers to fine anyone contravening a TPO. The maximum fines are £20,000 for destroying a tree and up to £2,500 for anyone who does not completely destroy a tree but has carried out some other works without consent. It is no defence for a defendant to plead that they were unaware that a TPO existed on a particular tree unless Stockton Council were the cause of such ignorance.

WHAT HAPPENS IF I AM REFUSED PERMISSION?
There is a right of appeal to the Secretary of State, which must be made within 28 days of receiving the Councils decision. Details should be sent with the decision notice.
Except in unusual circumstances the appeal will be dealt with on the basis of an exchange of written representations although both you and the Council have the right to elect for a public local inquiry or informal hearing.
The Secretary of State or his appointed Inspector will make the final decision based on an impartial consideration of the evidence.
If consent is refused or granted subject to conditions you may be entitled to compensation if loss or damage results from the decision. You should write to the Council within 12 months of the decision, or the appeal decision if one was heard.
Compensation will not be paid in circumstances where the Council have issued a certificate indicating that their decision was in the interests of good forestry, or because the tree or woodland have an outstanding or special amenity value.

TREES IN CONSERVATION AREAS
Nearly all trees in Conservation Areas are automatically protected.

If you wish to lop, top or fell a tree within a Conservation Area you must give 6 weeks notice in writing to the Local Authority. This is required in order that they can check to see if the tree is already covered by a Tree Preservation Order, or consider whether it is necessary to issue a TPO to control future works on that tree.

Contact us for further information or consult the website in the external link area

Arboricultural Advisory Information Service
Impartial advice on anything to do with trees, hedges and shrubs. This is available via their Tree Helpline, a Premium Rate telephone service.

Arboricultural Association
A list of registered consultants and approved contractors to advise on and carry out work on trees and hedges and publications on various tree issues including tree management.