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Under the Town and Country Planning Act 1990 (c. 8) the Local Planning Authority (LPA) has a duty to ensure that adequate provision is made, for the preservation of trees and woodlands in the interests of amenity.

It does this by making Tree Preservation Orders (TPOs). The purpose of a Tree Preservation Order is to protect trees, which make a significant impact on their local surroundings. This is particularly important on development sites and where trees are in immediate danger.

The effect of a proposed development on trees and other landscape features is a material consideration. The Act places a duty on LPAs, where appropriate, to ensure they make adequate provision for the preservation and planting of trees when granting planning permission by imposing conditions and making TPOs.

The Unitary Development Plan (UDP) sets out the Council's policies and proposals for the use of land within the Borough and are designed to secure the conservation of natural beauty and amenity of the land. They include policies on measures that the LPA will take, when dealing with applications to develop land, to protect trees and other natural features and provide for new tree planting and landscaping. The relevant UDP policy documents are LAN1, GR5 and GR7.

In certain circumstances LPAs may consider it expedient in the interests of amenity to make a TPO to protect trees on land before a planning application is made. Tree Preservation Orders can be made to protect individual trees, groups of trees, or areas of woodland. They can include hedgerow trees but not hedges, bushes or shrubs. Trees do not have to be exceptional or unusual individual specimens to merit inclusion in a TPO, but are assessed on their contribution to amenity and the local landscape.

Where there is an immediate threat to important trees or to an individual specimen, the Council can make a TPO to protect the tree(s), which comes into immediate effect and will continue for six months or until the TPO is confirmed, whichever is the sooner. If we decide to make a Tree Preservation Order we will write to the owner and other interested parties, enclosing a copy of the TPO. We will also write to them again when we confirm the Order, explaining their rights and responsibilities.

The effect of a TPO is to make it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the prior consent of the Local Planning Authority. There are legal powers the Council may use to prosecute offenders. A person who intends to carry out work to a protected tree is required to submit an application in writing for consent under the TPO. Applicants are advised to seek the advice of an Arboriculturalist or discuss the proposal informally with the local planning authority's Tree Preservation Officer before making an application.

Trees Within Conservation Areas

Anyone proposing to carry out works to trees within a Conservation Area that are not protected by a Tree Preservation Order (TPO), is required to give the Local Planning Authority six weeks prior notice of their intent to carry out works to trees. Failure to give notice is an offence and penalties similar to those in contravention of a TPO apply. You should not carry out any work during this six-week period unless you have received agreement from the Council.

Exceptions

It is not necessary to give notice if:-

• the tree has a stem diameter less than 75mm measured 1.5m. above ground level;
• the tree has a stem diameter less than 100mm measured 1.5m above ground level and the work is carried out to improve the growth of other trees;
• and in instances where it would not be necessary to obtain consent if a tree preservation order was in force. These are listed below;

If you are in any doubt at all as to whether consent is required, it is in your interests to check with us first - you may be prosecuted if the Council considers you have carried out unauthorised work.

Tree Preservation Orders and a Register of all applications for tree works, in full, are available for inspection in the Planning department, and in certain circumstances may be copied to neighbours and other third parties.

TPOs are also registered as a Local Land Charge. The Council also has a list of Tree Contractors and Consultants who can also advise on trees within your ownership.

Exemptions

There are a number of exemptions from the normal requirement to obtain consent from the Local Planning Authority for works on protected trees. The guidance below provides details of specific exemptions as detailed under the Town and Country Planning Act 1990 and the Town and Country Planning (Trees) Regulations 1999. Tree Preservation Orders made under Regulations prior to 1999 may differ and it may be necessary to seek further advice from the Council's Tree Preservation Officer for the particular provisions of the TPO in question.

Dead, Dying and Dangerous Trees

The Local Planning Authority's consent is not required for any protected tree that is dead, dying or dangerous. Anyone proposing to cut down a tree under this exemption is advised to give the Local Planning Authority 5 day's notice before carrying out the work, except in an emergency. If you are unsure as to whether the tree falls within the exemption is advised to seek clarification from the Council's Tree Preservation Officer. You could be prosecuted if the Council considers you have carried out unauthorised work.

The removal of deadwood and broken branches (including hung up branches) is also included within this exemption.

Planning Permission

The Local Planning Authority’s consent is not required for carrying out works to protected trees if required to implement a full planning permission.

Nuisance

The Local Planning Authority’s consent is not required for carrying out work on protected trees to prevent or abate a nuisance. The term "nuisance" is in the legal sense only.

Where anyone intends to carry out works to trees under this exemption, it is strongly advised that they seek further advice from the Council’s Tree Preservation Officer.

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Statutory Obligations

The Local Planning Authority's consent is not required for carrying out works to protected trees in compliance with a statutory obligation (i.e. direction by way of an Act of Parliament).

Statutory Undertakers (Railways, water transport, canal, electricity operators, gas, water and sewerage and telecommunications

Under the 1999 Regulations a statutory undertaker (or contractor working on behalf of the undertaker) does not need to obtain the Local Planning Authorities consent before carrying out work on a protected tree on the undertakers operational land if required: -

• In the interests of safety
• Inspection repairing or renewing apparatus

In these circumstances although it is not necessary to obtain formal consent from us there is normally an obligation to replant any trees which are felled.

If you are in any doubt at all as to whether consent is required, it is in your interests to check with us first.

Planting a Replacement tree

You will have to replant a replacement tree if: -

• You cut down or destroy a protected tree;
• You are in breach of an order;
• Except in the case of woodland, because the tree is dying, dead or dangerous, unless the Council says you need not;
• The Council gives you permission to cut down a protected tree but makes replanting a condition of its consent;
• In most cases where the Forestry Commission grants a felling licence.

The Council has legal powers to ensure that you plant a replacement tree when required. The Council’s Tree Preservation Officer, Erik Bowman, can be contacted on 0151 606 2247.