Tree Preservation Orders (TPO’s) are the legal mechanism to protect and preserve trees for public enjoyment, environmental and aesthetic purposes; bushes, shrubs and hedges are not covered. Trees are also protected by legislation covering Conservation Areas and Sites of Special Scientific Interest.
Gardeners need to be aware of the legislation if:
- a tree on their land, or on adjacent land, is protected
- if they wish to protect trees on their land from threats such vandalism or felling demands by neighbours
- if they wish to protect local woodlands or street trees
Information regarding any protected trees on your land can be obtained from the Land Charges Register, held by your Local Authority Planning Department.
Permission to carry out work on a TPO tree needs to be applied for, at least five days in advance, to the Local Authority Planning Department. This includes routine pruning, even of a fruit tree. Assessment by a tree surgeon (see 2 below) may aid the application. It is important to realise that it is the land owner who is responsible for the upkeep and care of the tree, and for any health and safety risks it may pose. Exceptions can be made to the need for permission in case of emergency, but it is better to inform the Council first. Fines can be up to £20,000 for unauthorised interference with a protected tree. Certain exceptions exist for commercial orchards, certain works done by utility companies, and in specific legal situations.
Permission to carry out work on a tree in a Conservation Area must be requested six weeks in advance. If the Council refuses, or if local residents object, an additional TPO could be placed on that tree. If a tree needs to be felled, the Local Authority may insist that a replacement is planted.
If you wish to protect a tree in your area, write to the Planning Authority stating your reasons, and include a map to aid identification. An immediate, temporary, TPO could come into place. The Authority would then inform neighbours and interested parties. Any objections must be received within 28 days. After six months, the temporary TPO could be confirmed and made permanent, or allowed to lapse. Note that TPO’s do not protect trees from felling where a new development has been granted planning permission by the Planning Authority.
For further introduction, read Protected Trees; A guide to tree preservation procedures or Tree Preservation Orders: A Guide to the Law and Good Practice (see 1 below). This refers to England and Wales, but similar legislation applies in Scotland (4).
Advice on campaigning to protect local woodlands can be obtained from the Woodland Trust (3) and The Tree Council (5).
(1) Protected Trees; A guide to tree preservation procedures and Tree Preservation Orders: A Guide to the Law and Good Practice are both now out of print, but are available to download from the Department for Communities and Local Government website or contact:
Department for Communities and Local Government
Eland House
Bressenden Place
London SW1E 5DU
Telephone: 020 7944 4400
www.communities.gov.uk
(2) The Arboricultural Association's Directory of Consultants and Contractors
The Secretariat
Arboricultural Association
Ampfield House
Romsey
Hants
SO51 9PA
Tel: 01794 368717
www.trees.org.uk
(3) The Woodland Trust
(England and Wales)
Autumn Park
Dysart Road
Grantham
Lincolnshire
NG31 6LL
Tel: 01476 581111
(Scotland)
Glenruthven Mill
Abbey Road
Auchterarder
Perthshire
PH3 1DP
Tel: 01764 662554
(4) Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 can be obtained from:
TSO Ltd
TSO Orders/Post Cash Dept
PO Box 29
Norwich
NR3 1GN
Tel (Customer Services): 01603 600 5522
www.tso.co.uk
(5) The Tree Council
71 Newcomen Street
London
SE1 1YT
Tel: 020 7407 9992
www.treecouncil.org.uk
Maya Albert