Call Us Now:
07783360552
Are you looking for a Tree Surgeon or Gardener in and around Newmarket, Suffolk?
To learn more about tree preservation orders, contact us today!
Tree Preservation Order
What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is a legal order made by local authorities in the United Kingdom to protect trees and woodland from being cut down, pruned, or destroyed without consent. The purpose of a TPO is to protect trees that make a significant contribution to the local landscape, have historical or cultural significance, or are an important habitat for wildlife.
TPOs can be made by local councils, national parks, and other conservation bodies. They cover both individual trees and groups of trees, and can apply to trees in both public and private ownership.
Once a TPO is in place, it is illegal to carry out works to a tree without first obtaining the consent of the local authority. This includes works such as cutting down, pruning, lopping, topping, and removing roots.
If you are considering carrying out works to a tree that is subject to a TPO, you must apply for consent from the local authority before proceeding. Failure to do so can result in enforcement action, including fines and legal proceedings.
In general, TPOs are an important tool in preserving the character and heritage of the UK’s landscape and woodland, and they play a critical role in maintaining the health and well-being of our urban and rural trees.
What is the purpose of a tree preservation order?
A Tree Preservation Order (TPO) is a legal designation aimed at protecting important trees, groups of trees, and woodlands from being cut down, topped, lopped, uprooted, wilfully damaged or destroyed without the permission of the local planning authority. The purpose of a TPO is to conserve and protect trees and woodland that have significant value in terms of their ecological, environmental, amenity, cultural, or historical significance.
A TPO can be made by the local planning authority to protect individual trees or groups of trees that are considered to have significant value to the local community. The order applies to all trees, regardless of species or size, and can cover trees growing in parks, gardens, streets, and other public spaces.
TPOs are an effective way of conserving valuable trees and woodlands, as they give legal protection to trees that might otherwise be at risk from development, land clearance, or vandalism. By protecting these trees, TPOs help to conserve important habitats for wildlife, maintain the local character and environment, and preserve the heritage and cultural values of the area.
How do I determine whether work is being carried out on a protected tree?
To determine whether work is being carried out on a protected tree, you can follow these steps:
Check local records: You can start by checking the local council records to see if the tree is protected by a Tree Preservation Order (TPO) or if it is located within a Conservation Area. If the tree is protected, it will be listed in the TPO or Conservation Area register.
Observe the tree: If you suspect that work is being carried out on a protected tree, you can inspect the tree to see if any branches have been cut, the trunk has been damaged, or if the tree has been completely removed.
Ask the tree owner: If you are unable to determine whether the tree is protected, you can ask the tree owner or the person carrying out the work. They should be able to provide you with information about the tree and whether it is protected.
Contact the local council: If you are still unsure, you can contact the local council and ask for their help in determining whether the tree is protected. They may be able to provide you with more information and confirm whether a TPO is in place.
It is important to note that removing or carrying out work on a protected tree without permission can result in a fine and even legal action. Therefore, it is always advisable to check whether a tree is protected before carrying out any work.
Where can I find out if a tree is protected by a tree preservation order?
The local planning authority should be contacted. It’s offices will have information on Tree Preservation Orders. You can also check the local land charges register before purchasing a property. This should reveal whether there is a Tree Preservation Order in place and whether a property is located in a Conservation Area. Ask your legal adviser whether any trees are protected.
What types of trees and species can tree preservation orders protect?
Tree Preservation Orders (TPOs) can protect a wide range of individual trees, groups of trees, and woodland. The type of trees protected by TPOs can vary depending on the country or region you’re in, but typically they can protect:
- Trees with a trunk diameter of more than 75mm (3 inches) when measured at 1.5m (5 feet) above ground level.
- Specimen trees that are of significant importance to the local area because of their size, age, rarity, beauty, or historical significance.
- Groups of trees that form an important part of the local landscape or that have a significant impact on the visual character of the area.
- Woodland areas that are important for their wildlife or amenity value, or that contribute to the local landscape character.
TPOs can protect trees of any species, although the species that are considered most important may vary depending on the local area. For example, in some regions, ancient woodland is highly valued and protected, while in other regions, local authorities may place greater importance on the protection of heritage or veteran trees. In general, TPOs are used to protect trees that are important to the local area and that would have a significant impact on the environment if they were lost.
I believe there are trees that should be protected by a tree preservation order. What can be done?
If you believe that trees should be protected by a Tree Preservation Order (TPO), you can take the following steps:
Contact your local council: Your local council will have information on TPOs in your area and can help you determine if the trees in question are protected. They will also be able to advise you on the next steps to take.
Check if the trees are protected: The council will be able to provide you with a map or a list of protected trees in your area. You can also check the council’s website for this information. If the trees are protected, the council will have a record of the TPO and the trees that it covers.
Report any suspected violations: If you believe that work is being carried out on a protected tree without proper permission, you should report it to the council immediately. They will investigate the matter and take appropriate action if necessary.
Request a tree survey: If you are not sure whether the trees in question are protected, you can request a tree survey from a qualified arborist. The arborist will assess the trees and provide a report, including whether they are protected by a TPO.
Consider making a TPO application: If the trees are not protected, you can consider making a TPO application to the council. This will involve making a written request to the council, explaining why you believe the trees should be protected.
It’s important to note that TPOs can only be made by the local council, so it is recommended that you seek their advice and guidance before making a TPO application. The council will assess the request and determine if a TPO is necessary to protect the trees in question.
How long does it take for a tree preservation order to take effect?
A Tree Preservation Order (TPO) typically takes effect immediately upon being made by the local planning authority. The TPO will be served on the owner of the tree, and they will be notified in writing. The TPO will specify the trees that are protected and the restrictions on carrying out works to those trees, such as pruning or felling. The owner must abide by the restrictions of the TPO and any works carried out to the protected trees must have the permission of the local planning authority. In some cases, the TPO may also require a tree protection plan to be in place, which sets out the measures that will be taken to protect the trees during construction works.
When a tree preservation order is made, how will I know?
Typically, when a tree preservation order (TPO) is made, the local authority will serve notice of the order on the owner and occupier of the land on which the protected tree is situated. This notice will typically include a description of the tree or trees that are protected, the restrictions on works that can be carried out on the tree, and the penalties for unauthorized works.
In addition, the local authority may display a notice on the tree or trees, or nearby, to make the public aware that the tree is protected by a TPO.
It’s important to note that the local authority is responsible for enforcing TPOs and ensuring that any work carried out on protected trees is done in accordance with the restrictions set out in the order. If you are unsure whether a tree is protected by a TPO, you can contact your local authority for clarification.
What can I do to object to or express my support for a new tree preservation order?
In your letter, identify the tree or trees in question and explain your position within the 28-day comment period set by the local planning authority. Your comments will be considered by the authority in deciding whether to confirm the Tree Protection Order. As well as confirming an order, the authority can also modify it to exclude certain trees.
Are protected trees under the responsibility of the local planning authority?
Trees on your own property are still subject to Tree Preservation Orders (TPOs) and protected by law. It is the responsibility of the property owner to ensure that protected trees are not damaged or removed without proper authorization. If you have any questions or concerns about protected trees on your property, you should contact your local planning authority for guidance. They can provide information on the steps you need to take to ensure that you are in compliance with TPOs and help you understand the importance of preserving protected trees
What if I want to work on a tree that is protected by a tree preservation order?
If you wish to carry out work on a tree that is protected by a Tree Preservation Order, you must apply for permission from the local planning authority. This includes removing the tree, pruning it, or carrying out any other type of work that may affect its condition or appearance.
The local planning authority will assess your proposal and determine whether the work is necessary and in the best interests of the tree and the environment. They will also consider whether there are any alternatives that would cause less harm to the tree.
If permission is granted, the local planning authority will impose conditions to ensure that the work is carried out in a way that protects the tree and minimizes any harm.
If permission is not granted, it is illegal to carry out any work on the tree without the express permission of the local planning authority. Penalties for doing so can include fines and imprisonment.
It is important to note that protected trees are valued for their contribution to the local environment and for their historical, cultural, or aesthetic significance. Therefore, it is always best to consider all alternatives and seek the advice of a professional arborist or tree specialist before proposing any work on a protected tree.
Fill Out The Form For A Free Quotation!
Our Tree Surgery & Garden Services
- Tree Felling – Several methods of tree felling are used, which may occur in either an open area or a confined space.
- 24/7 Emergency Call-Out – A safety-line is only a call away.
- Crown Reductions – For the purpose of controlling branch growth and spreading, while allowing for sufficient light and foliage, two essential techniques must be applied.
- Tree and Hedge Planting
- Sectional Dismantling – The trees will be climbed and safely removed in small sections.
- Garden Services – See here for more details.
- Dead Wood Removal – All dead branches are removed from our trees, for safety reasons and to allow new branches to grow in a healthy environment.
- Crown Thinning & Lifting – Thinning the crown of a tree involves removing selective branches to allow more light and air to penetrate the canopy.
- Firewood – Seasoned firewood available all year round.
- Pollarding & Coppicing – Pruning helps promote multi-stem branching and prevents trees from getting too large.
- Landscaping Services
- Hedge Trimming – Pruning increases growth, resulting in a fuller, denser hedge.
- Fencing Services – Domestic & Commercial fencing specialists.
- Stump Grinding – After the tree has been felled and removed, our specialists can completely remove the remaining stump, no matter how large or small.