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Understanding Tree Preservation Orders Before Cutting Trees: United Kingdom

Understanding Tree Preservation Orders Before Cutting Trees: United Kingdom

Tree Preservation Orders (TPOs) play a critical role in conserving the United Kingdom’s natural beauty and biodiversity. Whether you’re a homeowner, a property developer, or a tree surgeon, understanding TPOs is essential before carrying out any tree cutting or maintenance. This comprehensive guide will delve into what Tree Preservation Orders are, how they work, and what you need to know before cutting or altering any protected trees.

What is a Tree Preservation Order (TPO)?

A Tree Preservation Order is a legal order made by a local planning authority (LPA) to protect specific trees, groups of trees, or woodlands in the interest of amenity. TPOs prohibit the following actions without the express permission of the LPA:

This order applies to all types of trees, regardless of species, provided they are not exempt due to conditions such as being dead, dangerous, or causing structural damage.

Why Are TPOs Issued?

TPOs are issued to preserve the character and environmental value of trees within a given area. The primary reasons include:

Local authorities assess the importance of a tree based on its visibility, condition, and impact on the surroundings before issuing a TPO.

How to Find Out if a Tree Has a TPO

Before proceeding with any tree work, it is essential to check whether the tree in question is protected by a TPO. Here’s how you can find out:

  1. Contact Your Local Council: Most councils have a Tree Officer or planning department that handles TPO records. 
  2. Use Online TPO Maps: Some councils provide interactive maps showing protected trees. 
  3. Check Property Documentation: If you’ve recently bought a property, your solicitor should have informed you of any TPOs. 

Failing to check can result in severe legal consequences, including fines.

The Legal Consequences of Breaching a TPO

Violating a TPO without proper consent is a serious offence. Penalties include:

Ignorance of a TPO’s existence is not accepted as a valid defence.

How to Apply for Permission to Work on a Protected Tree

If you need to carry out work on a protected tree, you must submit a formal application to your local planning authority. The process includes:

  1. Filling Out an Application Form: Available from your local council’s website. 
  2. Providing Details of the Tree and Proposed Work: Include the tree’s location, species, and the nature of the work. 
  3. Supporting Evidence: Include photos, arborist reports, or reasons such as safety concerns. 
  4. Awaiting the Decision: Councils usually respond within 8 weeks. 

You must not commence any work until you receive written permission.

Exceptions to TPO Regulations

Certain situations allow tree work without formal permission:

Even in these cases, documentation and notification are critical.

TPOs and Planning Permission

If a tree with a TPO is located within a site where development is planned, special considerations apply:

Consult a planning consultant or arborist early in the process.

Trees in Conservation Areas

While not the same as TPOs, trees in conservation areas are also protected:

Always verify if your property is within a conservation area.

Tips for Compliance and Best Practices

Conclusion

Tree Preservation Orders are vital tools for protecting the UK’s natural heritage. Before undertaking any tree cutting or alteration, it’s essential to verify whether a TPO is in place and understand your legal responsibilities. By following the proper channels and engaging professionals, you can ensure compliance, avoid penalties, and contribute to preserving the environment.

If you are ever unsure, it’s always best to consult your local authority or a certified arborist before proceeding. Protecting trees isn’t just a legal matter—it’s a community responsibility.

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