If you have a tree on your property that you wish to remove, you’ll need to ensure it doesn’t have a Tree Preservation Order (TPO) over it before you take any action, such as pollarding or tree removal. If you are looking to do anything with a tree under a TPO on your property, you will need to obtain permission from your local authority, or potentially face Crown Court action which could result in an unlimited fine.
What is a TPO?
A tree preservation order (TPO) is put in place by a local authority in order to protect specific trees, groups of trees or woodlands because of an amenity they add to the area (more on amenities below). The Order itself prohibits the following actions without written consent from the local authority:
- Felling
- Topping
- Lopping
- Uprooting
- Wilful damage
- Wilful destruction
What is an ‘amenity’ under a TPO?
There is no strict definition of ‘amenity’ under the Town and Country Planning Act 1990, which covers TPOs. However, the Government historically believes that TPOs should be used to protect selected trees and woodlands if their removal would have a significant negative impact on the local environment and its enjoyment by the public.
When determining ‘amenity’, three factors are taken into account:
- Visibility: Even if the tree is located in a privately-owned garden, it might be of enjoyment to neighbours or members of the public. Similarly, it might serve to screen an eyesore development (any future developments are also taken into account).
- The individual, collective, and wider impact: The fact that the tree is visible won’t be enough alone to secure a TPO. The local authority will also assess things like size & form, rarity, cultural or historic value, screening value, and its contribution to the surrounding environment and landscape.
- Other factors: The importance to nature conservation and the response to climate change.
How can I remove or prune a tree that is under a TPO?
The best thing to do is to go to the experts, who can provide a reliable service that cuts out all of the paperwork and hassle for you. Here at DH Tree Services, we check for Tree Preservation Orders and whether your tree or site is part of a recognised Conservation Area. We also organise any paperwork necessary to receive permission to proceed with the work, and address all legal requirements before we start. We take great pride in our customer service and enjoy giving our clients peace of mind that for every job we undertake.
Each of the arborists at DH Tree Services is fully qualified and works in compliance with British Standard BS3998, which covers recommendations for tree work.
Can I work on a TPO tree without the council’s consent?
While we would always recommend consulting experts before you undertake any form of tree work where a TPO is involved, there are a few circumstances in which you can work on the tree without consent.
For example, this could be when a tree presents an urgent or serious safety risk, or if you have a felling license granted by the Forestry Commission. These exceptions, however, still require you to give written notice to your local authority, which is why it is always best to confer with industry experts first.
DH Tree Services are on hand throughout the areas of Surrey and South West London, covering areas such as Ashtead and Worcester Park.
