Trees may be protected under the Town and Country Planning Act by a Tree Preservation Order (TPO).
A TPO makes it an offence to wilfully damage or destroy a protected tree. If you wish to prune any living part of the tree, or to cut the tree down, you need the council's written permission. A TPO can protect a single tree, a group of trees, woodland or a defined area.
A new TPO takes provisional effect for a period of 6 months. During the first 28 days of this period any interested party can comment on the new order. All valid written submissions will be considered before confirming the TPO.
You can find a guide to tree preservation procedures on GOV.UK.
Working on a tree with a TPO
If the map shows a TPO is on your land (or next to your property) then you need to contact us before starting any work.
If the trees are protected, and you want to carry out maintenance work on trees in your garden or overhanging branches from your neighbour's garden, then you are required by law to apply to the council to get permission first.
Trees in conservation areas
If your property falls within a conservation area you are required by law to give us written notice of your intention to prune or remove any trees on your property or that of your neighbours.
If any stem on any tree in a conservation area is larger than 7.5 centimetres diameter when measured at 1.5 metres above ground level it is automatically protected and you must submit a tree work application form.
Report damage or unauthorised work to a protected tree
If you suspect a protected tree has been damaged or pruned without permission, please report it to Customer Services:
- email: email@example.com
- phone: 01344 352000
Request to protect trees
The council has a duty to consider protecting trees which:
- offer significant amenity or heritage value
- may be at risk from development
If you are aware of any trees that meet either of these criteria, please email the following details to firstname.lastname@example.org:
- species (if known)
- reason for protection (how the tree is under threat)
- location (description or map)
The Tree Team will then assess the trees and determine whether they will be protected.
If the matter is urgent and trees are under imminent threat, please call Customer Services on 01344 352000.
You can sometimes perform certain work without getting formal planning permission from the council. This is called permitted development.
Certain types of works under permitted development can have a significant impact on trees. If they are the subject of a TPO, the legislation protecting them overrides Permitted Development Rights.
In simple terms this means that you must get the council’s written consent before carrying out any works which involve:
- removal of the tree
- any damage to the canopy, trunk or root system of the tree
Such works (temporary or permanent) may include:
- construction of hard surfaces of any description such as parking bays, driveways, footpaths, patios, paths, or replacement of soft landscaping around trees with other surfacing like artificial grass
- construction of foundations or bases for garden structures, summer houses, sheds or retaining walls
- raising or lowering of ground levels around trees, including adding soil or other materials, topsoil stripping, excavation or alterations to existing ground conditions of any other description
- installing drainage or below ground cables and ducting
- installing ponds
- construction of building extensions or conservatories classed as permitted development
- storage or parking or vehicles, heavy plant machinery on unmade ground around a tree
- storage or disposal of large volumes of rubble, surplus soil or heavy materials