Tree Preservation Orders
What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is a special form of control
that applies to certain trees. TPO's are used to protect
trees that are particularly attractive and contribute to the
appearance of an area. It is illegal to cut down, prune, or
otherwise damage a tree protected by a TPO without the Council's
consent. The unauthorised lopping, wilful damage or felling
of a tree is a serious criminal offence and can result in a fine of
up to £20,000. If a tree is healthy and stable, visible from
a public place and potentially under threat, it is a candidate for
a Tree Preservation Order, regardless of species. TPO's are
made by the Council when trees are under threat of being cut down
or damaged. It is often assumed that all Oak trees are
automatically protected by a TPO, this isn't always the case so it
is advisable to check.
What is a Conservation Area?
A Conservation Area is an area of special architectural or
historic interest, the character or appearance of which it is
desirable to preserve. Trees often make an important
contribution to the appearance of Conservation Areas and so are
given special protection. The penalties for unauthorised
felling or lopping of trees in Conservation Areas are the same as
for trees protected by TPO. Permission is required for the
pruning or felling of any tree within a Conservation Area greater
than 7.5cm in diameter (as measured at 1.5m above ground
level).
How do I know if my tree is protected?
If your tree has recently been covered by a Tree Preservation
Order (
TPO
) you would
have received notification from us in the form of a copy of the TPO
and a letter explaining what it means, a copy of this would also be
sent to neighbouring properties. If you are unsure as to whether a
tree is protected you can check using our
online service. We will give you the answer
within two working days.
What do I do if I think my tree is Dead, Dying or
Dangerous?
Any protected tree that is dead, dying or dangerous
(DDD)
can be removed without the
need to submit an application. However, the onus of proof
rests with you. If you plan to remove such a tree, it is
advisable to provide us with five days notice. We will then
make a site visit to check that the tree is DDD and if this is
the case, it can be removed. The legislation requires any
tree identified as dead, dying or dangerous be replaced with a tree
of similar species and potential stature.
It is useful to add photographs to a notification to allow us to
see the tree prior to giving permission to carry out tree work,
this may mean that a site visit is not required. It is also
advisable to get advice from a Tree Surgeon or consultant who can
provide an arboricultural report. Pictures and an electronic copy
of the report can be attached to our
online form.
How can I get a tree protected by a Tree Preservation
Order?
The Council will only apply a Tree Preservation Order if it
can be demonstrated that the tree is under threat. If this is
the case and the tree looks healthy and stable, is visible from a
public place and its removal would significantly harm the
appearance of the area, please contact us using our
online service and we will then look at the tree to see if
it is worthy of protection and advise you accordingly.
I have a tree that is protected and I want to do some
work to it. How do I get permission and how do I go about
it?
Applications to fell or prune a protected tree must be made in
writing to the Council Planning Department explaining which tree,
what work and why. If you wish to undertake felling or crown
reduction, it may be advisable to discuss your proposals with us
prior to submitting the application. We may be able to advise you
on alternative works that will solve the problem, but that will not
conflict with our policies on tree protection. It usually
takes up to eight weeks from the receipt of your
application until a decision is made. We can supply an
application pack by post or you can now
download the form
online. A site visit can be a good time to provide
good arboricultural advice on best practice tree management, a
pre-application visit can be arranged by using our
online
service. Carrying out the work is the responsibility of
the applicant. Check the
Yellow Pages, local
newspapers, trade directories. Collect several competitive
tenders and ask about qualifications, membership of trade
associations (e.g. Arboricultural Association, International
Society of Arboriculture) and references from previous jobs.
Any permission from the Council will state that the work must be
carried out in accordance with British Standard 3998. Ask the
prospective contractors what that is!
How much does an application cost?
There is no charge for making a Tree Preservation Order or
Conservation Area Application. Appeals against decisions made
are also free of charge.
Can I appeal against the Council's decision if my
application to carry out work is refused?
Appeals are dealt with independently by the
Government Office for the
South East (GOSE), based in Guildford.
Application forms for tree appeals are available from GOSE.
The Council will prepare a report outlining its case for refusal. T
he appellant also makes written representations outlining the
reasons for wanting to undertake the work. The information is
then assessed and an independently appointed tree expert visits the
site. They undertake their own inspection and make a
recommendation to the Secretary of State. A decision is then
made and the appellant and Council informed of the outcome.
There is no stipulated time frame for such an appeal process.
There is no charge for this service.
Will the Council pay for my protected tree to be
pruned?
The Council will not pay for works to protected trees.
All landowners are responsible for ensuring their trees are safe
and any pruning work required will be at the landowner's
expense.
Am I able to claim compensation from the Council if a
protected tree causes damage?
All landowners are responsible for ensuring their trees are
safe regardless of whether they are covered by a Tree Preservation
Order or not. Healthy trees do sometimes fall down and it is
worth checking your household insurance and/or having an
independent report done on the risk they might present to
property. Such a report can be compiled by an Arboricultural
Consultant. A full list is available from the Arboricultural
Association. If permission is refused to remove a tree
causing damage to drives, walls etc. you may only claim
compensation for the damage that occurs in the 12 months following
refusal. You will need to have the problem fixed and then
bring a claim within 12 months. We will treat each claim for
compensation on its own merits.
Will the Council accept
responsibility for my tree if I am not allowed to cut it down and
then it causes damage to my neighbour's
property?
If the Council refuses permission to fell a protected tree, it
has been assessed and deemed safe at the time of application.
However, trees do change over time and they are the responsibility
of the landowner regardless of any Tree Preservation Order.
If you are worried about the condition of your tree and feel it
poses a risk, contact a tree consultant. They will advise you
on what you may remove from the tree in order to make it
safe.
What is a felling licence, and when do I need to apply
for one?
The
Forestry
Commission controls the quantity of timber that can be
felled at any time, by issuing felling licences. However,
trees in private gardens are exempt from this control. A
felling licence is required for the felling of relatively small
volumes of wood (5 cubic metres may be felled in any calendar
quarter without a licence, as long as no more than 2 m
3
are sold). Application forms for felling licences are
available from the Forestry Commission.
Can protected trees be felled to enable development to
take place?
If trees are not the subject of a Tree Preservation Order or
do not exist within a Conservation Area, they may be removed
without the Council's permission. However, if an application
is received to develop on land affected by a Tree Preservation
Order or Conservation Area, the impact on the trees will be part of
a whole assessment of the proposal. We will take into account
details such as the proximity of the proposed buildings, the health
and stability of the trees, their contribution to the character of
the area and the value in retaining them. If a site is not
the subject of a Tree Preservation Order and a development looks
likely to threaten healthy, stable and visually significant trees,
the Council may consider creating a Tree Preservation Order in
order to safeguard the trees.
What do I do if I think someone has damaged or felled a
protected tree?
Contact us. We can check to see if they are undertaking
permitted work. If we have no record of work taking place and
the trees appear to be protected, we will try to inspect them
within 24 hours of the initial enquiry and often much sooner.
My neighbour is cutting down/pruning a tree in his
garden. Has he permission?
He would need written permission with respect to the first
answer. If it does not come under any protection cover, then
no permission is required, unless :-
· The tree is on a joint boundary or the workmen require
access to adjoining property to carry out the job, then the
permission of the other party is required with respect to civil
law.
· The tree is so large and mature that the work, particularly
felling, poses potential dangers to property and land and therefore
would require clearance and guidance under Health and Safety
Regulations.
On a nearby building site, the builders are
felling/pruning trees. Is this permitted?
The development should have planning permission and the issue
of trees, their retention, felling, pruning, and replacement are
part of the deliberation process. Planning permission overrides
legal protection of trees.
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Page Last Updated: 10/3/2008
Eastleigh Borough Council
legal disclaimer
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Eastleigh Borough Council, Civic Offices, Leigh Road, Eastleigh, SO50 9YN
Telephone: 023 8068 8068, Fax: 023 8064 3952, Text: 07797 877001
Email:
direct@eastleigh.gov.uk