Tree Surveys, Advice, Reports, Arboriculture, BS. 5837 Market Harborough, Leicester, Leicestershire.

This page is designed as an aid and you are strongly advised to contact an appropriate professional if you are at all concerned about a trees ownership, protective status, health, structure or stability.

What is a Tree Preservation Order?

A Tree Preservation Order or "TPO" is an order made by a Local Planning Authority to protect individual, groups, areas of trees and woodlands. Part VIII of the Town and Country Planning Act 1990. Consent from the Local Planning Authority must be obtained before any work can take place on protected trees.

Can the Local Planning Authority protect any tree?

The Local Planning Authority may protect a tree/s or woodland if they are considered to be genuinely under threat and if their removal would have a significant affect on the local landscape and its enjoyment by members of the public. The Town & Country Planning Act states that LPAs may make a TPO if it appears to them to be "expedient in the interests of amenity", although the Act does not define amenity.

What is a Conservation Area and how does it affect my Tree?

The law relating to Conservation Areas is in Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990. Conservation Areas are usually designated to conserve the architectural or historical interest and the character or appearance of an area often, but not always, based around listed buildings other buildings and landscape features including trees. Anyone proposing to cut down or carry out work on a tree in a Conservation Area is required to give the local planning authority six weeks prior notice to enable the tree to be considered for protection by a Tree Preservation Order.

How can I find out if my tree is protected or if it is growing in a Conservation Area?

You should contact your local planning authority (LPA), which is most likely to be your District, Borough, City, London or Metropolitan Borough Council to confirm the existence of a TPO or if your tree/s lie within a Conservation Area. Most LPA's employ a Tree or Arboricultural Officer who should be able to help you with such issues.

Do I need to make an application to cut down a dead tree?

No you do not need to make an application. However, it is recommended that you contact your LPA to confirm your intentions and who may wish to visit the site. Remember you are responsible for your actions and or instructions and it is therefore essential that you seek written acknowledgement of your intentions from the LPA unless the tree is imminently dangerous. REMEMBER: The burden of proof in confirming that a tree/s is imminently dangerous lies with you. If there is any doubt you should consult a professional and take photographs, which you should date. The LPA are able to enforce the replacement of a protected dead tree, which they will or should confirm in writing.

Can the LPA make me plant a replacement tree?

Yes, the LPA have the authority to require a replacement for a tree protected by a Tree Preservation Order, but not one removed under the Conservation Area Regulations.