Applying to work on trees subject to a Tree Preservation Order (TPO)

About Tree Preservation Orders (TPOs)

What a Tree Preservation Order is, how it is made and the implications of owning a tree subject to one:

• Tree Preservation Orders (TPOs)

In some instances you don't need permission to work on a protected tree:

• When you don't need permission to work on a protected tree

How to apply to carry out works to protected trees

Applications must be submitted on a standard application form together with any supporting information as required. Only one copy of the application need be submitted.

• Application for tree works
• Applications and notices for tree works - Guidance notes

Send your application to us:

• Trees contacts

There is no fee for making a tree work application.

Who can apply to carry out works to protected trees

• You do not have to own the tree to be able to make an application.
• Any person may make application to carry out works to any tree, regardless of ownership, and the council may grant consent in principle. However, unless the tree owner agrees to the work, trespass laws prevent entry onto their property, which effectively renders such consent worthless.
• While the council is prepared to issue consents to third parties, to avoid conflict and confusion it is best to discuss the issue with the owner of the tree prior to making application and to have him or her countersign the application.

What happens after you have submitted your protected tree works application

• Your application will be considered by one of the council's tree officers - they are qualified and experienced arboriculturalists (tree care specialists) and are authorised to make decisions on tree work applications.
• The council has up to 8 weeks to decide the application.

About site visits to view the trees

• Due to the large number of applications received tree officers make multiple site visits in a day, and so are unable to make booked appointments.
• They will therefore enter your property to view the trees - your application is taken as an invitation to do so and the legislation permits this.
• Where access to fenced gardens makes this a problem, you should make this clear on the application.

How your application will be considered by the council

When considering your application, the tree officer will generally aim to retain and minimise any works to protected trees. Mature trees rarely "need" to be pruned for their health, but occasionally require pruning because of their impact on surrounding property. The larger the degree of pruning carried out, the more damage this can do to a tree in the long term by depleting its natural resources and creating opportunities for pruning cuts to become diseased.

The tree officer will assess the following factors:

• the likely impact of any felling or pruning proposals on local amenity
• the impact of the proposals on the character and health of the tree
• the nature of the particular problem generating the need for tree works, such as:
  • proximity to buildings, roofs and gutters
  • sunlight penetration and excessive shade cast to buildings and gardens
  • proximity to minor structures, such as fences, walls, garages and driveways.

Following their assessment, they will make a decision on whether or not the proposals are reasonable and justified. In general terms, the higher the amenity value of the tree or woodland and the greater the impact of the application on the amenity of the area, the stronger the reasons needed before consent is granted.

On the other hand, if the amenity value of the tree(s) or woodland is low and the impact of the application in amenity terms is likely to be negligible, consent may be granted (even if we believe there is no particular arboricultural need for the work).

In dealing with an application in woodlands, the council must grant consent so far as it accords with good forestry practice, unless it is satisfied the works would threaten the special character of the woodland or the wooded character of the area.

Where an application relates to trees in a conservation area, we are required to pay special attention to the desirability of preserving or enhancing the appearance of that area.

• Trees in conservation areas

What will be in the decision

• Whilst the council must decide upon the proposals put forward in your application, it may advise you in its decision letter that part of the work is acceptable and give consent to this and refuse other work which is unacceptable.
• If you find the decision letter is unclear, please let the council know, as it strives to be unambiguous about what is being authorised.
  • Trees contacts
• The council could also grant consent for less work than that requested (for example, by allowing the thinning of the crown of a tree by 20% rather than the 50% applied for), although you would retain a right of appeal against that part of the application which was refused.
• The council does not have to notify any third party of its decision.

About conditions in the decision

To maintain the amenity and health of protected tree(s), the council commonly applies conditions when granting consent. These will relate to the work that has been authorised and the council strives to be fair and reasonable in applying them.

There are three reasons commonly used to justify the application of conditions:

• to regulate the standard of the authorised work
• to secure the planting of replacement trees
• to impose a time limit on the duration of consent.

Appealing against the decision or its conditions

• Notes on how to appeal will be found on the decision notice issued.
• If you consider the decision itself or a condition imposed is unreasonable, you have the right of appeal to the Secretary of State within 28 days of receiving the decision:
  • Planning Portal: Tree Preservation and Replacement Appeals
• Appeals are normally decided without a formal hearing, on the basis of written statements followed by a site visit. Both you and the council have the right instead to a public local inquiry or hearing. The Secretary of State may allow or dismiss the appeal, or vary the original decision.
• There is no charge made for an appeal.
• If you do not appeal the decision or conditions within 28 days, you are deemed to have accepted them at which time the conditions become mandatory and enforceable.

Claiming compensation

In some instances you can claim compensation if your application is refused, or conditions are imposed.

• Claiming compensation if your application to carry out work on protected trees or woodland is refused, or if conditions are imposed

About enforcement of conditions

Where conditions are not complied with the matter may be treated as an enforcement case. It will then be referred to the officer who deals with enforcement matters for investigation, and may ultimately be referred to the council's legal department, which may initiate proceedings in the courts.

• Application form: Suspected illegal tree work/damage complaint form
• Tree work complaints

Applying to work on trees growing in a conservation area

About conservation areas

• Conservation areas
• Trees in conservation areas

How to apply to carry out works to trees growing in a conservation area

If the tree is already subject to a Tree Preservation Order (TPO):
The Tree Preservation Order takes precedence and, regardless of its conservation area status, you need to make an application to carry out works on a tree subject to a Tree Preservation Order.

• Applying to work on trees subject to a Tree Preservation Order (TPO)

If the tree is not already subject to a Tree Preservation Order (TPO):
To fell or prune any tree above the threshold size, you are required to give the council 6 weeks notice of your intent to carry out specified works. Applications must be submitted on a standard application form together with any supporting information as required. Only one copy of the application need be submitted.

• Application for tree works
• Applications and notices for tree works - Guidance notes

Send your application to us:

• Trees contacts

There is no fee for making a tree work application.

How your application is assessed

• The council has 6 weeks in which to make a decision, which, if favourable, will be sent to you by letter.
• When your notification is received a tree officer from the council will then assess the proposals and may make a site visit to view the trees.
• Tree officers will respond in the same way as for an application to carry out works to a tree subject to Tree Preservation Order, using the same assessment criteria.
  • How your application will be considered by the council
• The council must either permit the works or impose a Tree Preservation Order.
• No conditions can be attached to the approval of works to a tree in a conservation area.
• Although the council cannot refuse consent without imposing a TPO, tree officers may negotiate with you on revising the scope of your intended work to avoid the need for serving a TPO.
• If the council feels that the tree should be protected from the works you wish to carry out, it has what remains of the six week period to serve a Tree Preservation Order. You must then reapply to carry out the works on trees subject to a TPO.
  • Tree Preservation Orders (TPOs)
  • Applying to work on trees subject to a Tree Preservation Order (TPO)
• If you do not receive a decision within the 6 week period, you are legally entitled to carry out the notified works.

Trees contacts

Tree Preservation Orders (TPOs), trees in conservation areas and tree work applications

Report trees causing an obstruction on pavements and footpaths, or obscuring street lighting

• Report Overhanging vegetation and/or weeds

Find out who owns trees

• Land ownership

Trees owned by the council