It is an order made by a local planning authority (London Boroughs, district or unitary councils and sometimes county councils) 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.
To protect trees which make a significant impact on their local surroundings. This is particularly important where trees are in immediate danger.
Details of orders are available for inspection at the local planning authority's offices.
An official search of the local land charges register can also be made before you purchase a property. This should reveal the existence of a tree preservation order (or whether your property is in a conservation area). Make sure your solicitor tells you if any trees are protected.
Check with your local planning authority. It has a register of applications and decisions which you can look at.
Contact your local planning authority giving details of the trees, and the reasons why you think the trees should be protected.
However, if the Forestry Commission has given aid under a forestry grant scheme, a tree preservation order can only be made with the Commission's permission.
Before an order can be made for trees on Crown Land, the planning authority must seek permission from the relevant authority. Crown Land includes land belonging to government departments or land held for the Queen by a government department.
The local planning authority can, if it chooses, make an order which will come into effect immediately and will continue for six months, or until it is confirmed, whichever comes first.
When the planning authority confirms the order it can modify it, for example by excluding some of the trees.
It will write to the owner and other interested parties, enclosing a copy of the order.
If you or anyone else wants to object to or support an order, write to the local planning authority within the period they allow (usually 28 days) saying why and giving details of the relevant trees.
The planning authority will take these comments into account when it decides whether to confirm the order.
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.
The planning authority may be able to offer appropriate help and advice on how the trees should be managed.
Whether or not a tree preservation order is in force you must first apply to the Forestry Commission for a felling licence if you want to cut down trees containing more than five cubic metres of wood - as long as no more than two cubic metres of any exempt amount are sold - in any calendar quarter. There are exceptions to this rule which are set out in the Forestry Act 1967 and Regulations made under that Act. For example, you do not need a licence for felling trees in gardens.
If a licence is required and the trees are covered by a tree preservation order, the Forestry Commission will deal with your application in consultation with the local planning authority. Where the Commission proposes to grant a licence it will first give notice to the local planning authority. In such cases the planning authority has the right to object to the proposal and if it does so the application will be referred for decision to the Secretary of State for the Environment, Transport and the Regions.
Applicants should note that the Commission almost always requires felled trees to be restocked and does not normally grant licences to change woodland to agricultural use.
Write to the local planning authority to seek permission, specifying the trees, what you want to do and why.
You may find it helpful to consult a tree surgeon to clarify what you need to do. The Arboricultural Association has a list of approved tree surgery contractors (write to Ampfield House, Ampfield, Romsey, Hants SO5 9PA, or telephone 01794 368717).
Yes, except for:
If you are in any doubt, check with your local planning authority.
Except in an emergency you are advised to give your local planning authority at least five days' notice before you cut down a protected tree which is dying, dead or dangerous. This is in your interests - you could be prosecuted if the authority thinks you have carried out unauthorised work. It could also decide that you do not have to plant a replacement tree. You must remember, however, that you will remain responsible for your trees and any damage they may cause.
You will have to replant if you cut down or destroy a protected tree:
Local planning authorities have legal powers to ensure that you plant a replacement tree when required.
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.
You can appeal to the Secretary of State for the Environment, Transport and the Regions in writing within 28 days of receiving the decision. The planning authority should give the address.
Appeals are normally decided without a formal hearing, on the basis of written statements followed by a site visit. Both you and the local planning authority have the right instead to a public local inquiry or hearing.
The Secretary of State may allow or dismiss the appeal, or vary the original decision.
If consent is refused - or granted with conditions - you can seek compensation from your local planning authority for any loss or damage which results. However you cannot make a claim where, under the terms of the order, the planning authority has issued a certificate saying either:
You can appeal to the Secretary of State against such a certificate. Local planning authorities will not be able to issue these certificates under the preservation orders which are made after 2 August 1999. But they will be able to issue them under orders made before that date.
Where a felling licence application has been refused by the Forestry Commission you may get compensation from the Commission under the relevant forestry legislation.
Replanting of woodland: You can also seek compensation from the local planning authority where, on giving permission to cut down protected woodland, it has required replacement planting. But such compensation is only available if the Forestry Commission will not give a grant for the replanting on the grounds that it would not be in accordance with good forestry practice.
Write to your local planning authority within 12 months of its decision, or that of the Secretary of State if you appealed.
Yes. In relation to trees not protected by tree preservation orders you must give your local planning authority six weeks' notice in writing if you want to carry out work on them. You must not carry out any work during that period without permission. If you do, you could be fined as described in question 16. You may also have to plant a replacement tree.
But you do not need permission if you want to cut down or work on trees less than 7.5 centimetres in diameter (measured 1.5 metres above the ground) or 10 centimetres if thinning to help the growth of other trees.
Exceptions may apply. If in doubt, check with your local planning authority.
Trees on development sites can be protected by tree preservation orders or by conditions attached to the planning permission, or both. Planning conditions may also require you to plant trees which may be covered by a tree preservation order. The order will take effect once they are planted.
You can only cut down or cut back protected trees if they are directly in the way of development which is about to start, for which you have detailed planning permission. You cannot carry out tree work if you have outline planning permission. Check first with your local planning authority. It may prosecute you if it thinks you have cut down or cut back excessively.
If the development does not require planning permission (for example, putting up a garden shed) you must apply to your local planning authority for permission under the tree preservation order in the normal way.
No. A tree preservation order does not prevent planning permission being granted. But a local planning authority will consider the risk to protected trees when deciding planning applications.
Once detailed planning permission is granted, any felling may be carried out which is directly required to enable the development to go ahead.
Further Information You can find out more about tree preservation orders in the following:
These are all available through the Stationery Office and may be seen at some main libraries.
The Department of the Environment, Transport and the Regions has also published:
Tree Preservation Orders: A Guide to the Law and Good Practice.
Call 020 7944 5623
E-mail RD04.email@example.com for more details.
You may also find it helpful to obtain a copy of the Forestry Commission's booklet Tree Felling - getting permission. Write to the Forestry Commission, 231 Corstophine Road, Edinburgh EH12 7AT.