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Tree Preservation Orders

Local Councils are able to make Tree Preservation Orders (TPO) in order to protect individual trees, groups of trees or woodlands. A TPO can be made if the Council considers the tree(s) makes an important contribution to the amenity of the local landscape. Trees subject of a TPO cannot be cut down, uprooted, topped, lopped, wilfully damaged or wilfully destroyed, without the Council's consent in advance of the works. TPOs are subject to the following legislation:

  • The Town and Country Planning Act 1990 (as amended)
  • The Town and Country Planning (Tree Preservation) (England) Regulations 2012

As well as TPOs, certain trees may also be protected by planning condition.

  • How do I find out if a tree is the subject of a TPO or planning condition?
    You can find this out by contacting the Council who hold a range of information on protected trees.
     
  • Who is responsible for maintaining trees protected by a TPO?
    Responsibility for maintaining the tree(s) rests with the tree owner. Consent is required from the Council before undertaking any works.
     
  • How do I apply to carry out works to a tree protected by a TPO?
    Applications can be made online via the Planning Portal (opens new window). When applying on the Planning Portal, you should select 'Tree works: Trees in conservation areas/subject to TPOs' as the application type. Alternatively, you can download and print the form (link below) and return it to planningadvice@sholland.gov.uk.

    Tree works application form (opens new window). View the guidance note on works to trees (opens new window) for support when completing the form.

    You may apply yourself, or you may prefer to ask a reputable tree contractor/tree surgeon to apply on your behalf. 

    When your application has been validated, we will seek to determine your application within eight weeks. Prior to determining your application, we will visit your property to make a visual assessment of the tree(s).
     
  • What is the fee for an application to carry out works to a TPO tree?
    This type of application is free of charge.

  • What are the penalties associated with TPO offences?
    If you deliberately destroy a tree subject of a TPO, or if you damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in the Magistrates' Court. Other unauthorised works could lead to a fine of up to £2,500. We may also require you to plant a replacement tree.

  • Are there circumstances when consent is not required?
    If you think you may benefit from one of the below exemptions, we strongly recommend that you seek advice from our Tree Officer prior to carrying out any work. There are a few exceptions to the Regulations, such as if:
    • the tree is dead
    • the tree is imminently dangerous. The danger must be present, and works must be urgently necessary to remove an immediate risk of serious harm.  In almost all circumstances a written notice must be given to the Council at least 5 days in advance of the date on which the works are to take place)
    • the works are limited to the removal of dead wood from an otherwise healthy tree
    • you are obliged to carry out work by an Act of Parliament. This exemption most commonly applies to trees that overhang a public highway and is applicable when you have been issued with an enforcement notice requiring you to maintain statutory clearance of the highway
    • the work has been authorised by a full planning permission which is to be immediately commenced. This exemption does not apply to outline planning permissions or to permitted development
    • the tree is a fruit tree, cultivated for the production of fruit in accordance with a business or trade (such as a commercial orchard)
    • the work is to be carried out in accordance with a Forestry Commission grant scheme, or if a felling licence has been granted by the Forestry Commission. If the works are required in order to prevent or control a nuisance (this exemption only applies to the legal definition of and 'actionable nuisance').
       
  • Are there any other legal restrictions associated with trees?
    There may be other legal restrictions that prevent works being carried out to trees. These restrictions include but are not limited to:
    • tree felling or maintenance during nesting seasons, or if nesting birds are present
    • tree felling or maintenance that may interfere with the habitats of protected species such as bats.

For more advice please contact:

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