Important Advice for Garden Work: Understanding Tree Preservation Orders

If you're planning garden work this summer, it's crucial to check if any trees you intend to cut down or lop are subject to a Tree Preservation Order (TPO).

These orders are established by local planning authorities to protect valuable wildlife and greenery.

The Consequences of Damaging Protected Trees

Damaging a tree under a TPO can result in hefty fines, even if the tree is on your property and the order was made before or during your ownership.

Violations can lead to thousands of pounds in penalties, emphasising the importance of compliance with these regulations.

Obtaining Consent for Tree Work

To legally work on a tree with a TPO, you must obtain written consent from the local planning authority. This includes any activities such as cutting roots, which also require explicit permission.

Anyone can apply for consent under an Order.

The applicant will usually be the owner of the tree or trees in question or an arboricultural contractor or other person acting as the applicant’s agent.

Also, a person can apply to carry out work on a neighbour’s protected tree. But such an applicant is advised to first consult the tree’s owner and also notify them promptly after submitting their application.

The authority may ask the applicant about their legal interest in the tree and consult the tree’s owner. If the authority grants consent it will be for the applicant to get any necessary permission (for access to the land, for example) from the owner, before carrying out the work.

Is consent required for work on diseased and/or dying trees?

The local planning authority’s consent is needed for carrying out work on diseased and/or dying trees unless some other exemption applies.

One example is work urgently necessary to remove an immediate risk of serious harm. Another example is government authorities requiring the destruction of particular trees to tackle a serious plant disease.

If they serve a notice under plant health legislation this would constitute an obligation by or under an Act of Parliament.

What Does a Tree Preservation Order Prohibit?

According to the Gov.uk website, a TPO prohibits the following without the local planning authority's written consent:

• Cutting down

• Topping

• Lopping

• Uprooting

• Wilful damage

• Wilful destruction

Even if consent is given, it often comes with specific conditions that must be followed.

How are Tree Preservation Orders Made?

When a local planning authority makes a TPO, they notify individuals with an interest in the land and invite representations regarding the trees covered by the Order.

A copy of the Order is also made available for public inspection. After considering any objections or comments, the authorities decide whether to confirm the Order.

Penalties and Obligations

What are the penalties for committing these offences?

Section 210(2) of the Town and Country Planning Act 1990 provides that anyone found guilty of these offences is liable, if convicted in the magistrates’ court, to a fine of up to £20,000.

In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. Section 210(3) provides that, in determining the amount of fine, the court shall take into account any financial benefit which has resulted, or is likely to result, from the offence.

There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order.

Anyone found guilty in the magistrates’ court of an offence under section 210(4) is liable to a fine of up to Level 4 (currently £2,500).

Stay informed and ensure your garden work complies with local regulations to protect our valuable natural resources.

For more detailed information, you can visit the official Gov.uk site on Tree Preservation Orders.