Tree Preservation Orders
| Trees are an important part of our urban and rural environment. They bring many benefits including visual attractiveness, screening, reductions in airborne pollution and noise and provide wildlife habitats. The borough council has specific powers to protect trees by making a Tree Preservation Order (TPO). Special provisions also apply to trees in Conservation Areas. This leaflet explains what a TPO is and what effect it has on trees.
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What is a Tree Preservation Order?
It is an order made by the borough council which makes it an offence to cut down, lop, top, prune, uproot or wilfully damage or destroy a tree without the written consent of the borough council.
How are orders made?
The borough council makes the TPO which specifies the trees concerned, their location and shows them on a map. The TPO is served on the owners and occupiers of the land on which the tree stands. A copy is also served on any interested parties such as neighbours whose property is affected by the trees. The TPO is generally made so as to be effective as soon as it is served. The borough council maintains a register of all TPO's, which is available for inspection by the public at the environment services directorate in New Town House, Warrington.
A TPO is normally made where important trees are under threat such as from building works. If you think a tree deserves protection contact the arboricultural officer.
What are the responsibilities of the owner of a tree protected by a TPO?
The responsibility for the trees, their condition and any damage they cause remains with the owner. If the owner considers work is necessary they can apply to the borough council. There are exemptions to the need to apply if the work is urgent for safety reasons.
What if the tree is immediately dangerous?
Work can be carried out to make the tree safe. The work must be limited to that which is necessary to remove the immediate danger and you are advised to contact the borough council by telephone before the work is carried out.
In these cases the burden of proof is on the tree owner and the person doing the work to prove that the work was necessary for urgent safety reasons. This can be very difficult after the event and it is advisable to take professional arboricultural advice before carrying out any urgent works. It would also help if photographs were taken of the tree and the defects which created the need for urgent work.
How do planning consents affect protected trees?
Where full planning consent has been granted for development, which requires the removal of a protected tree, the consent overrides the need to make a separate application. The borough council will have taken the existence of the tree into consideration before granting permission. Consent is limited to those trees which are immediately required to be removed to permit the development to take place. Outline planning consent does not provide permission for work to a protected tree.
If I want to prune or cut down a protected tree what do I have to do?
You must make a written application to the borough council detailing the work you want to do, including work which may affect the roots, and giving reasons for it. It may be helpful to consult an arboricultural contractor or consultant before you apply. The council’s Arboricultural Officer may be able to offer basic advice and can provide a form to assist you with your application. Applications are free of charge and can be completed online.
What happens after I have made an application?
The council will carefully consider the application to carry out the proposed work in relation to the trees and their setting. The Arboricultural Officer will inspect the site and check the condition of the trees. If the council approves the work it will issue a consent notice. Conditions may be attached such as specifying the quality of the work and replanting. If the council does not approve the work it will issue a refusal notice.
What if I do not agree with the council's decision?
You can appeal to the Secretary of State for the Environment within 28 days of the issue of the decision notice. The Secretary of State may allow or dismiss the appeal or vary the original decision.
What happens if I carry out work without permission?
Work which is not exempt and which is carried out without the formal consent of the council is illegal. The borough council may prosecute offenders and fines of up to £20,000 for each tree may be imposed by the Magistrates Court in the event of them being convicted of an offence. If proceedings are instituted in the Crown Court fines are unlimited. There is a duty to replace any tree removed without permission.
