Tree Preservation Orders

What is a Tree Preservation Order?


Planning authorities have powers to protect trees by making Tree Preservation Orders.


The issuing of a TPO makes it an offence to fell, top, lop, uproot, wilfully damage or destroy any protected tree(s) without first having obtained permission from the Local Authority.


All types of tree can be protected in this way, whether as single trees or as part of a woodland, copse or other grouping of trees. Protection does not however extend to hedges, bushes or shrubs.


TPO's are recorded in the Local Land Charges Register which can be inspected at your Council offices.
When purchasing a property the official searches carried out by your Solicitor should reveal the presence of a TPO on the property or whether your property is within a Conservation Area within which trees are automatically protected.


A TPO will not prevent planning permission being granted for development. However, the Council will take the presence of TPO trees into account when reaching their decision.




How is a TPO made?

If your Council wishes to issue a Tree Preservation Order over a tree (or trees) on your property, they will serve a formal notice on you and write to other interested parties advising them of the making of the Order. A notice will be posted nearby in a position where members of the public can read it.



What are my responsibilities?
Trees covered by TPO's remain the responsibility of the landowner, both in terms of any maintenance that may be required from time to time and for any damage they may cause. The Council must formally approve any works to a TPO tree.




Undertaking works to a protected tree

Although there are certain circumstances in which permission to carry out works to a protected tree are not required, it is generally safe to say that you should always write to your Council seeking their permission before undertaking any works.


You should seek advice from a qualified tree surgeon, provide details of the trees on which you intend to do work, the nature of that work and the reasons why you think this is necessary.



Do I always need the council's permission?


Except in the following circumstances:


Where a protected tree is dead, dying or dangerous. Even so, unless the matter is urgent, such as a tree blown down over a public highway, you should still give the Council a weeks notice before you take any action. This ensures that the Council know what you are doing (thereby avoiding potential prosecution if the Council think the works are not actually necessary) and they can decide whether a replacement tree is required.


Where the tree is a fruit tree and the works (such as pruning) are undertaken for cultivation purposes.


Where works are necessary to prevent or remedy a statutory nuisance.


Where the tree is to be removed in accordance with a planning permission for development.


Where there is an approved Felling Licence, Forestry Dedication Covenant, or plan of forestry operations approved by the Forestry Commission.



What happens if I am refused permission?


There is a right of appeal which must be made within 28 days of receiving the Councils decision. Details should be sent with the decision notice.


Except in unusual circumstances the appeal will be dealt with on the basis of an exchange of written representations although both you and the Council have the right to elect for a public local inquiry or informal hearing.


The appointed Inspector will make the final decision based on an impartial consideration of the evidence.


If consent is refused or granted subject to conditions you may be entitled to compensation from the Council if loss or damage results from the decision.



Trees in conservation areas

Nearly all trees in Conservation Areas are automatically protected.


If you wish to fell a tree within a Conservation Area you must give 6 weeks notice in writing to the Local Authority. This is required in order that they can check to see if the tree is already covered by a Tree Preservation Order, or consider whether it is necessary to issue a TPO to control future works on that tree.


Contact your Council's Landscape or Tree Officer for further information

Tree Care FAQs

Tree Care

My tree needs pruning. What should I do?

If your tree needs pruning you should check that the tree is not covered by a tree preservation order or in a conservation area before carrying out the following:
Crown reduce, an overall reduction in the size of the crown
Crown lifting, which is the removal of branches from ground level to a specified height, producing a clear stem. Removal of branches bigger than a third of the tree stem can create a weakness on the tree, so are best avoided.
Crown thinning, which is the thinning of the overall canopy of the tree by no more than 20 per cent. The tree will remain the same size but the canopy will allow more light and wind to penetrate.
Deadwooding, which is removing the deadwood from a tree and this can be beneficial. But in woodlands or veteran trees, leaving deadwood as a habitat is better as long as it doesn't pose a safety risk.

When should I prune my tree?

Trees prefer to be pruned when dormant (November to February). Certain species, such as cherry, should be pruned in the summer. Avoid the period when the tree is coming out of the dormant period. Incorrect pruning during late March, April and May can cause 'bleeding' where the rising sap weeps from the tree, disrupting its natural balance and causing stress. We are happy to visit your tree and provide further advice.

Neighbour's Trees


My neighbour's trees encroach over my boundary. Can I cut them back?

Your common law rights allow you to remove branches that cross over your boundary, without your neighbour's permission. However, you must not cross the boundary to do so. For example, leaning a ladder over the boundary to rest against the trunk of the tree could be classed as trespass. We advise you to notify your neighbour of your intentions before your tree surgeon arrives.
If a tree is protected by a tree preservation order or located within a conservation area, the common law right is removed and you will need to ask the council for permission before undertaking any work.

My neighbours have a very large hedge. What can I do about it?

New legislation allows the council to consider complaints about high hedges under the Anti-social Behaviour Act 2003. Visit the Communities and Local Government website for further information.


Tree Roots


I am worried that tree roots are damaging my property. What should I do?

Tree roots may cause direct damage or indirect damage. Direct damage is when the physical expansion of roots lift paving stones and crack walls. Due to the weight of a house, no amount of physical expansion will affect it, but garden walls and small structures (garages, outbuildings) may be at risk. Indirect damage is when large structures (houses) which are sited on clay soils can be affected by a tree's removal of moisture and this can lead to subsidence. Contact an experienced and NPTC qualified tree surgeon

Tree roots are blocking my drains. What can I do?

It is unusual for roots to break drains and associated pipe work. However, if an old pipe with poor joints is leaking into the surrounding soil this will attract roots, which will then exploit the existing weakness. Replacement of faulty drains/pipes with modern materials will usually eliminate the leak and stop problems from happening again.


Tree Planting


Are there any controls on the type of tree I can plant in my garden?

No, but you should consider the following:
How much space is available? It is always best to make sure there is enough room for the tree to grow.
Are there any overhead wires or obstructions?
Where is the tree in relation to the property?
A new tree to the south or west may block afternoon or evening sun. A tree to the north will not restrict direct light.



Tree Safety

I think my tree is dead. Can I remove it?

Any protected tree (with a TPO) that is dead, dying or dangerous can be removed without submitting an application. However, the onus of proof rests with the owner. If you plan to remove such a tree, we advise you to contact your local council's tree officer. They will make a site visit to check that the tree is dead.



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 may pose a risk, contact Appleyard Tree Care who will advise you on what you may remove from the tree to make it safe.


My tree drops a sticky substance. What can I do about it?

Some trees are susceptible to aphids that feed on the sap through veins on the leaves. There is very little that can be done and spraying is often not practical. The sugar solution is only a mild one and should not affect paintwork on cars, if the car is washed at regular intervals. Regular washing will also help to prevent a growth of sooty mould on the sugar solution deposits which can develop over time.


My tree has a fungus growing on it. Does this make the tree unsafe?

There are many types of fungi that affect wood and it often means there is a wider problem. It is a valuable tool in diagnosing what may be wrong with your tree. You should contact an expert to help you identify the problem. If you are worried about your children coming into contact with the fungus, contact us for a visit.


How can I tell if my tree is safe?

Such assessments are best made by a qualified expert. Call Appleyard Tree Care on 01959 532212