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A BRIEF GUIDE TO TREE PRESERVATION
PROCEDURES
1. What is a Tree Preservation Order
(TPO)?
This is an order made by a local planning authority which in
general makes it an offence to cut down, top, lop, uproot,
wilfully damage or wilfully destroy a tree without the
planning authority's permission.
2. What is the purpose of a
Tree Preservation Order?
To protect trees which make a significant impact on their
local surroundings. This is particularly important where trees are
in immediate danger.
3. What type of trees can be covered by an
order?
All types, including hedgerow trees, but not hedges,
bushes or shrubs. The order can cover anything from a single tree
to woodlands.
4. How can I find out if a tree is covered
by an order?
Details of TPO's are available for inspection at the Planning
and Building Help Desk or you can contact our Help Desk on
Tel: 01270 537502, 537503 for further information.
5. If I see work being carried out on a protected tree,
how can I find out if the owner has permission?
Check with the Planning and Building Control Help Desk,
Municipal Buildings Earle Street, Crewe. regarding applications and
decisions.
6. What can I do if I think trees should be
protected?
Contact the local authority detailing the trees, and have
reasons why you think the tree(s) should be protected. An officer
will visit the tree, make an assessment, and if the tree is worthy
of protection, make a Tree Preservation Order.
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7.
Does the local planning authority then become
responsible for looking after the protected trees?
NO. The owner remains responsible for the trees, their
condition and any damage they may cause. But the planning
authority's permission is required before carrying out work on them
unless they are dying, dead or dangerous. In this case,
notification to the local planning authority of the intent to fell
or carry out work is necessary. If in doubt, check with the local
planning authority. However, the planning authority is able
to offer appropriate advice and help on how the trees should be
managed.
8. What happens if I carry out work on a
protected tree without permission?
If you deliberately destroy a tree, or damage it in a
manner likely to destroy it, you could be fined up to £20,000
if convicted in the magistrate's court. In determining
the amount of the fine, the court will take account of any
financial benefit arising from the offence. For
other offences you could be fined up to £2,500. You will
normally have to plant a replacement tree if the tree was cut
down or destroyed.
9. Are there any extra restrictions in a
conservation area?
YES. You have to give your local planning authority six
weeks notice before carrying out work on trees which are located in
a conservation area, but are not yet the subject of a tree
preservation order. This gives the authority an opportunity
to consider whether an order should be made to protect the
trees.
You do NOT need to give notice if you want to work on trees
less than 7.5 centimetres in diameter, measured 1.5 metres above
the ground (or 10 centimetres in diameter if thinning to help the
growth of other trees). If in doubt contact you local
planning authority for further details of any exceptions.
10. How are trees on development sites
affected?
Trees on development sites can be protected by TPO's, or by
planning conditions attached to the planning permission, or
both.
Planning conditions may also require you to plant trees
which may then be covered by TPO's. The Order takes effect
once the trees are planted. Protection of the trees by
planning condition lasts for 5 years from when the trees were
planted. Any work done to these trees would require permission from
the local planning authority.
A TPO doesn't prevent planning permission being granted,
but the planning officer will consider the risk to protected trees
when deciding the planning application.
Application forms to carry out work to protected trees are
available from the Help Desk at the Municipal Buildings, or
can be downloaded
here (pdf).
CONTACTS:
Planning Help Desk - Tel: 01270 537502 or 537503
Landscape Architect, Planning - Tel: 01270 537594
Arboricultural Officer, Direct Services - Tel:
01270 537244
Elements of the above page are extracted from 'Protected
Trees: A guide to Tree Preservation Procedures'.