Tree Preservation Orders
General Information on Tree Preservation Orders
| Work to Trees | Information on TPO's | Trees in Conservation Areas | Trees with Planning Conditions |
The Making of Tree Preservation Orders
The District Council has the power to make Tree Preservation Orders (TPOs) in order to give permanent protection to trees within the District for the benefit of the public. Once TPOs are made the trees are immediately protected but objections can be made within 28 days and will be taken into account before a decision is made about conformation.
To be considered suitable for inclusion in a TPO, a tree would normally have to be visible from a public view point, such as a road or footpath and make a significant contribution to the amenity of the area. It should also be an attractive specimen in good health with a reasonable life expectancy ahead of it.
Trees may be protected as individual specimens, as groups (where the trees form a feature as a group rather than as individual specimens) or in some circumstances as woodlands.
There is also a type of TPO known as an " area order" which protects all the trees within a defined boundary but now these are normally used only in emergency situations where it is not possible to survey the trees in detail before the TPO is made. "Area orders" are often replaced by one of the three preceding types of order once such a survey has been carried out.
Every TPO made increases the workload of the District Council's staff with a subsequent effect on expenditure and local taxes so the District Council will usually only make TPOs when the trees concerned are under some form of threat to their health or continued existence.
Application for work to preserved trees
From time to time trees, particularly older specimens, need special attention and TPO legislation allows for this. Once a tree is included in an Order the owner is required to obtain the consent of the District Council before carrying out work to it. The District Council will normally allow reasonable management work, especially when supported by written advice from a reputable tree surgeon.
An application should be made on forms availabe from the Planning Department and no fee is payable. It takes up to eight weeks for a decision to be made: you are therefore advised to apply well before you intend to carry out work.
You do not need the permission of the District Council to do works to trees that are dead, dying or dangerous. However, to avoid the risk of legal action, you are advised to contact the District Council's Forestry Officer so that he can inspect the tree and assess its condition before you start work.
If the tree is dead, dying or dangerous, and is removed, it should be replaced by another tree of appropriate size and species: the original TPO shall apply to the replacement tree.
Unauthorised Work to Preserved Trees
It can be a criminal offence to carry out of work on a tree protected by a Tree Preservation Order without the prior approval in writing of the District Council. If you cut, down uproot or wilfully destroy a tree or wilfully damage, top or lop a tree a manner likely to destroy it you can be fined up to £20,000 on conviction in a Magistrates Court.
For other offences where the tree is not killed, such as lopping, the fines can be up to £2,500. You would normally also have to plant an appropriate replacement tree if a tree is removed or destroyed.
Further information on Tree Preservation Orders is contained in a Department of the Environment leaflet entitled " Protected Trees" which is available from the District Council's Planning Department.
For any queries on Tree Preservation Orders, please contact the District Council :-
Tel: 01494 732031 / 732041 or
email: planning@chiltern.gov.uk
Email: info@chiltern.gov.uk
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