Tree Preservation Orders (TPOs)
Some trees in the borough are subject to Tree Preservation Orders (TPOs). TPOs can cover anything from a single tree to woodlands.
Protections
It is an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy these trees without our permission.
Purpose of TPOs
TPOs aim to protect trees which make a significant impact on their local surroundings. These might be specific trees or woodlands that are deemed important to the local environment, landscape, or public amenity.
They are particularly important where trees are in immediate danger.
Existing TPOs
Find details of TPOs and listed buildings in the borough.
For works to trees in conservation areas, works on TPO’d trees, and street trees contact the Trees team.
How TPOs are made
When we make a TPO, we will write to the owner and other interested parties, enclosing a copy of the order. To object to or support an order, write to us within 28 days, giving reasons and details of the relevant trees.
These comments will be taken into account when deciding whether to confirm the order. We can make an order with immediate effect which will continue for six months, or until it is confirmed, whichever comes first. The order can be modified when it is confirmed, e.g. by excluding some of the trees.
Once confirmed, TPOs remain in force indefinitely.
Responsibilities for tree owners
If you own trees with a TPO, you are responsible for them, their condition and any damage they may cause.
You must apply for permission before carrying out work, unless the tree in question is dead or dangerous, in which case you would need to give the us five working days notice under the dead and dangerous exemption.
Requesting a new TPO
You can contact us to request a new TPO. We will consider serving a TPO where there is a specific threat to the appearance or existence of trees that provide significant public visual amenity or where their removal would be detrimental to the local and wider landscape, so it is important that the request is clearly justified.
Including photographs of the tree, taken from a public place, will help us to decide whether the creation of a TPO is warranted.
We will send you a full response within 20 working days.
We are unlikely to grant requests for trees which:
- Are young or non-established
- Are large (or have the potential to get large) and situated too close to a building or structure, causing potential obstruction and unreasonable relationship.
- Are dying, dead or dangerous
- Do not offer a ‘perceived visual amenity’, for example, are within a back garden and cannot be viewed from a public place
- Are not under a clear threat of removal or pruning which may impact upon the amenity
In urgent cases, when there is an immediate danger to trees and they are under realistic threat from removal or drastic pruning, we can make an emergency TPO. For example, if a property developer has just bought a piece of land to build on and trees are present. In such situations we will consider verbal requests.
However, if the Forestry Commission has given aid under a forestry grant scheme, a TPO can only be made with the Commission's permission.
Find out how to request tree works.
Trees on Crown Land
We must seek permission from the relevant authority before an order can be made for trees on 'Crown Land'. Crown Land includes land belonging to government departments or land held for the Queen by a government department.
When a TPO application is submitted, the local planning authority (LPA) is tasked with reviewing the application to determine whether the tree(s) in question should be protected under the order.
Tree Preservation Order (TPO) process
Once an application for a Tree Preservation Order is received, the decision-making process typically follows these steps:
- Review and assessment: The LPA will evaluate the application, considering factors like the tree’s health, species, location, and the importance of its contribution to the local environment. They may also consider any potential risk to the tree and the impact of surrounding development.
- Consultation: In some cases, the LPA will consult with relevant stakeholders, such as arboricultural experts, local conservation groups, or other departments within the council, to ensure a well-rounded assessment of the situation.
- Decision timeline: The LPA is required to make a decision within 8 weeks of the application being submitted. This gives the authority sufficient time to assess all relevant factors and make an informed decision regarding the TPO request.
- Outcome: If the TPO is granted, the tree(s) in question will be formally protected, meaning that any works to remove, prune, or damage the tree(s) would require prior consent from the LPA. If the TPO is not granted, no further protection is placed on the tree(s), and normal procedures for tree work apply.
Conservation areas
If the tree is located within a conservation area (which is an area of special architectural or historic interest), different rules apply compared to a TPO. In conservation areas:
- Notification requirement: Before carrying out any works on trees within a conservation area, individuals must notify the local planning authority of their intent. The notification must be submitted 6 weeks before any work is to begin.
- No formal approval required: Unlike a TPO, there is no formal approval needed from the local planning authority to proceed with the work. However, the LPA does have the right to object to the proposed works during the 6 week notification period if they believe the tree(s) should be protected or the proposed works could harm the character of the area.
- Objections and restrictions: If the LPA objects to the proposed work within the 6 week period, a formal application will be required for the proposed works. If no objections are raised within the 6 weeks, the work may proceed.