What is a Tree Preservation Order and do I need one?
If you are planning to have a tree removed, pruned or otherwise worked on, one of the first things to establish is whether it is subject to a Tree Preservation Order. Carrying out unauthorised work on a protected tree is a criminal offence that can result in an unlimited fine - so it is well worth checking before any work begins.
At Johnsons Arborist we deal with TPO applications regularly on behalf of our clients across Wiltshire. Here is everything you need to know.
What is a Tree Preservation Order?
A Tree Preservation Order, or TPO, is a legal order made by a local planning authority to protect specific trees or groups of trees. A TPO makes it a criminal offence to cut down, uproot, top, lop, willfully damage or willfully destroy a protected tree without first obtaining written consent from the local planning authority.
TPOs can apply to a single tree, a group of trees, an area of woodland, or a woodland area. They are most commonly made in response to a planning application or where a tree is considered to make a significant contribution to the local environment or landscape.
Which Trees are Protected?
Trees can be protected in two main ways:
Tree Preservation Orders are made by the local planning authority and apply to specific trees identified as being of particular amenity value. TPOs are registered on a public database and can be checked online.
Conservation areas also offer protection to trees. Any tree with a trunk diameter of more than 75mm measured at 1.5 metres from the ground, growing within a designated conservation area, is automatically protected. You do not need a TPO to be in place - the conservation area designation alone is sufficient.
It is also worth noting that trees subject to planning conditions - for example as part of a new development - may have additional protection attached to them.
How Do I Check if My Tree is Protected?
The easiest way to check is to use your local authority's online planning map. Both Wiltshire Council and Bath & North East Somerset Council operate interactive mapping tools that show the location of registered TPOs across the area.
You can also contact your local planning authority directly and they will be able to advise. If you are unsure, the safest approach is always to check before commissioning any work - or ask us when we visit for your quote and we will check on your behalf.
What Work Requires Consent?
If your tree is subject to a TPO or sits within a conservation area, you will need prior written consent before carrying out any of the following:
Felling or removing the tree
Crown reduction
Crown thinning
Crown lifting
Pollarding
Lopping or topping
Any other work that would affect the health, structure or appearance of the tree
There are some limited exemptions - for example where a tree is dead, dying or poses an immediate risk to public safety - but these are narrowly defined and it is always advisable to seek guidance before proceeding on this basis.
How Do I Apply for Consent?
Applications for consent to carry out work on a TPO tree are made to the local planning authority. For trees in conservation areas a formal application is not always required, but you must give the local authority at least six weeks written notice before carrying out any work - this is known as a Section 211 notice.
The application process involves submitting details of the proposed work along with a justification for why it is necessary. The local authority will then assess the application, which typically takes around eight weeks, though it can be longer in some cases.
As part of our service, Johnsons Arborist handles the entire application process on your behalf. We prepare and submit the application, liaise with the local authority and keep you informed throughout. In our experience, well prepared applications with a clear and justified scope of work have a good success rate.
What Happens if I Carry Out Unauthorised Work?
Carrying out unauthorised work on a protected tree is a serious matter. Offences under the Town and Country Planning Act 1990 can result in an unlimited fine in the magistrates court. The local authority may also require the landowner to replace a tree that has been removed without consent.
It is not a defence to claim you were unaware the tree was protected - which is why checking before commissioning any work is so important.
Can a TPO be Refused?
Yes - the local authority can refuse consent for proposed works if they consider the work to be detrimental to the tree or the local amenity. However, refusal is not inevitable and a well prepared application with a clear justification stands a good chance of success.
If consent is refused, it is possible to appeal the decision. We can advise on the likelihood of a successful appeal based on the specifics of your situation.
Do I Need a TPO to Plant a Tree?
No - TPOs only restrict what you can do to existing trees. There is no requirement to obtain consent to plant new trees on your own land, though it is worth considering the long term implications of planting large species close to buildings, boundaries or services.
Summary
Check whether your tree is subject to a TPO or sits within a conservation area before commissioning any work
Use your local authority's online mapping tool or contact them directly to check
Apply for consent before carrying out any restricted work - unauthorised work can result in an unlimited fine
For trees in conservation areas, give at least six weeks written notice via a Section 211 notice
Johnsons Arborist handles the entire TPO application process on your behalf as part of our service
If you have a tree you would like to have worked on and are unsure whether it is protected, get in touch and we will be happy to advise. We cover Melksham, Chippenham, Devizes, Calne, Trowbridge, Bath and the wider Wiltshire area.