A Tree Preservation Order (TPO) is an order made by the planning authority at the district council to protect specific trees, groups of trees or woodlands in the interests of amenity.
A TPO makes it a criminal offence to cut down, prune, uproot, wilfully damage or destroy a tree (including its roots) without written consent from the planning authority.
Any unauthorised works to a tree covered by a TPO is a strict liability offence carrying a maximum penalty of £20,000 per tree in the Magistrates’ Court, or unlimited if the case is heard in the Crown Court.
Further details of Tree Preservation Orders can be accessed on the government website.
We maintain a list of confirmed TPOs. If you would like to find out if a tree is protected you can contact the trees team on 01353 616332 or online. Please give precise details of the location of the tree you are enquiring about.
The criteria for making a TPO is strictly defined. They can only be made for a tree or trees that are, or will be in the future, of amenity value.
This normally means that the trees that can be protected are, or will be, visible from a public road, footpath or open space.
A TPO can be placed on any tree, group of trees and/or woodland area.
A TPO goes with the land and unless it is formally revoked by the council, it never 'runs out'. By making a TPO, the council in no way acquires the tree and it remains in the care and control of the landowner.
A request for a TPO can be made in writing to the council’s tree team. Please include photographs of the tree(s) and the reasons why you feel it should be protected. We will then consider your request. Each tree or group of trees will be assessed on their own merits. However, it will help officers in making their assessment if you could consider the following in your reasons.
If the tree has public amenity value. This means that the tree must be visible from a public place, for example a public road, footpath, park or open space and make a positive contribution to the character and appearance of the area. Ask yourself if you can imagine the street without that particular tree? What would it be like? Would you notice its absence?
If there is a known or foreseeable threat to the tree. If there is no immediate threat of a tree being felled or damaged then we are unlikely to serve a TPO. It would not be in the public interest to place additional burdens on an owner who is already positively managing their tree(s).
If it is deemed appropriate, the council will serve a TPO which lasts for 6 months.
During this time, applications need to be made to the council to carry out any works to the tree(s).
The council will undertake a full assessment of the amenity value and any threat to the tree(s) in consultation with the owner and any other affected parties.
If objections are received during the consultation, a report will then be taken to planning committee to decide whether to confirm the TPO so it becomes permanent.
If no objections are received during the consultation, the TPO will automatically be confirmed by officers.
It is often possible to carry out works to ensure the good maintenance and preservation of the tree, however consent must be obtained from the council before any work takes place.
To carry out works to a protected tree, you need to make a formal application to the council. You can download the necessary forms and guidance from the application forms page this website.
If a tree is dead or dangerous, you do not need to make a normal application, but you must give us at least 5 days’ notice of your proposed works to the tree. This includes the removal of dead branches from living trees.
If there is an urgent risk to safety, notice should be given as soon as possible after the work is carried out to make it safe, however, we strongly recommend that you collect evidence to show that the tree was dangerous, for example photographs and/or a tree surgeon report, as we may require proof at a later date.
A TPO does not necessarily prevent planning permission from being granted, however, we will consider the risk to any protected trees when determining planning applications.
It is not uncommon for conditions to be placed on any consent to ensure the continued preservation of any protected trees during construction works. For more information how trees are dealt with during the planning process please see the Trees and hedges on development sites on our website.