The Town and Country Planning Act 1990 and The Town and Country
Planning (Trees) Regulations 1999 gives the local planning
authority (LPA) specific powers to protect trees by making Tree
Preservation Orders (TPO's).
The principle effect of a Tree Preservation Order (TPO) is to
prohibit the cutting down, uprooting, lopping, topping, wilful
damage or wilful destruction of trees without the local planning
authority's' (LPA) consent.
The LPA's permission is always required to work on a protected
tree except for:
- cutting down trees in accordance with one of the Forestry
Commission's grant schemes, or where the Commission has granted a
felling licence
- cutting down or cutting back a tree which is dying, dead or
dangerous or
- in line with an obligation under an Act of Parliament, or
- at the request of certain organisations specified in the order,
or
- which is directly in the way of development that is about to
start for which detailed planing permission has been granted,
or
- in a commercial orchard, or pruning fruit trees in a accordance
with good horticultural practice
Anyone proposing to cut down a tree under the dying, dead or
dangerous exemption is advised to give the LPA five days' notice
before carrying out the work.
If in any doubt, check with the local planning authority.
Anyone can apply for consent under the Tree Preservation Order
(TPO). But an applicant who is not the owner of the tree is advised
to consult with the owner before making the application. If consent
is granted it will be for the applicant to make sure any necessary
permission is obtained from the owner of the tree before carrying
out the work.
The applicant must give the local planning authority (LPA) eight
weeks written notice.
As part of the drive to streamline the planning system, the
Government has introduced a National Standard Planning Application
Form, known as 1APP. 1APP supersedes all existing planning
application forms, and applications made on other forms after that
date will not be valid.
A replacement tree will be required if a tree covered by a TPO is
removed. The size, species and location will be agreed by the LPA..
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 Magistrates Court. In determining the amount of the fine,
the court will take into account any financial benefit arising from
the offence. For other offences you could be fined up to
£2,500.
Further information on this can be obtained from our Landscape
Adviser 01502 523075
Contact Information
The offices are open to the public between:
9.00am - 5.00pm Monday - Thursday
9.00am - 4.30pm Friday
If you have any comments on our service, our staff will be
pleased to hear from
you.