Tree preservation orders

What type of trees can be covered by an order?

All types, including hedgerow trees, but not hedges, bushes or shrubs. The order can cover anything from a single tree to woodlands.

How can I find out if a tree is covered by an order?

Details of orders are available for inspection at the local planning authority’s offices. An official search of the local land charges register can also be made before you purchase a property. This should reveal the existence of a tree preservation order (or whether your property is in a conservation area). Make sure your solicitor tells you if any trees are protected.

If I see work being carried out on a protected tree, how can I find out if the owner has permission?

Check with your local planning authority. It has a register of applications and decisions relating to protected trees that you can look at.

There are trees which I think should be protected. What can I do?

Contact your local planning authority giving details of the trees, and the reasons why you think the trees should be protected. The Council will then consider your request. However, if the Forestry Commission has given aid under a forestry grant scheme, a tree preservation order can only be made with the Commission’s permission. Before an order can be made for trees on Crown Land, the planning authority must seek permission from the relevant authority. Crown Land includes land belonging to government departments or land held for the Queen by a government department.

Does an order come into effect immediately?

The local planning authority can, if it chooses, make an order which will come into effect immediately and will continue for six months, or until it is confirmed, whichever comes first. When the planning authority confirms the order it can modify it, for example by excluding some of the trees.

How will I know when a local planning authority makes a tree preservation order?

The Local Authority will write to the owner and other interested parties, enclosing a copy of the order.

How can I object to, or express support for an order?

If you or anyone else wants to object or express support for an order, write to the planning authority within the period they allow (usually 28 days) saying why and giving details of the relevant trees.The planning authority will take these comments into account when it decides whether to confirm the order.

Does the local planning authority then become responsible for looking after the trees?

No. The owner remains responsible for the trees, their condition and any damage they may cause. But the planning authority’s permission is required before carrying out any work on them, unless they are dying, dead or dangerous The planning authority may be able to offer appropriate help and advice on how the trees should be managed.

Do I need a Forestry Commission felling licence to cut down trees covered by a tree preservation order?

If you want to cut down trees containing more than five cubic metres of wood – as long as no more than two cubic metres of any exempt amount are sold – in any calendar quarter, you must apply to the Forestry Commission for a felling licence. There are exceptions to this rule, which are set out in the Forestry Act 1967, and Regulations made under that Act. For example, you do not need a licence for felling trees in gardens.If a licence is required and the trees are covered by a tree preservation order, the Forestry Commission will deal with your application in consultation with the local planning authority. Where the Commission proposes to grant a licence it will first give notice to the local planning authority. In such cases the planning authority has the right to object to the proposal and if it does so the application will be referred for decision to the Planning Inspectorate on behalf of the Office of the Deputy Prime Minister. Applicants should note that the Commission almost always requires felled areas to be restocked and does not normally grant licences to change woodland to agricultural use.

What if I want to work on a protected tree but don’t need a felling licence?

Write to the local planning authority to seek permission, specifying the trees, what you want to do and why.You may find it helpful to consult a tree surgeon to clarify what you need to do. The Arboricultural Association has a list of approved tree surgery contractors.

Do I always need the planning authority’s permission to work on a protected tree?

Yes, except for:

• cutting down trees in accordance with one of the Forestry Commission’s grant schemes, or where the Commission has granted a felling licence
• cutting down or cutting back a tree which is dying, dead, or dangerous, or in line with an obligation under an Act of Parliament
• works to a tree at the request of certain organisations specified in the order
• works to a tree which is directly in the way of development that is about to start for which detailed planning permission has been granted
• in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice
• works to a tree to prevent or control a legal nuisance (you may find it helpful to check first with a solicitor)

If you are in any doubt, check with your local planning authority.

If I don’t need the planning authority’s or Forestry Commission’s permission, do I still have to inform them of any work I intend to carry out?

Except in an emergency, you are advised to give your local authority at least five days’ notice before you cut down a protected tree that is dying, dead or dangerous. This is in your interests – you could be prosecuted if the authority thinks you have carried out unauthorised work. It could also decide that you do not have to plant a replacement tree. You must remember, however, that you will remain responsible for your trees and any damage they may cause.

When will I have to plant a replacement tree?

You will have to replant in the following circumstances:

• if you cut down or destroy a protected tree in breach of an order except in the case of woodland, because the tree is dying, dead or dangerous (unless the planning authority says you do not need to)
• if the planning authority 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

Local planning authorities have legal powers to ensure that you plant a replacement tree when required.

What if my application to carry out work on a protected tree is refused, or I object to the conditions imposed by the planning authority?

You can appeal to the Planning Inspectorate in writing within 28 days of receiving the decision. Appeals are normally decided without a formal hearing, on the basis of written statements followed by a site visit. Both you and the local planning authority have the right instead to a public local inquiry or hearing. The Secretary of State may allow or dismiss the appeal, or vary the original decision.

How are trees on development sites affected?

Trees on development sites can be protected by tree preservation orders or by conditions attached to a planning permission, or both. Planning conditions may also require you to plant trees that may be covered by a tree preservation order. The order will take effect once they are planted.

Can I carry out work on protected trees which are in the way of a proposed development?

You can only cut down or cut back protected trees if they are directly in the way of development that is about to start, for which you have detailed planning permission. You cannot carry out tree work if you have outline planning permission. Check first with your local planning authority. It may prosecute you if it thinks you have cut down or cut back excessively. If the development does not require planning permission (for example, putting up a garden shed) you must apply to your local planning authority for permission under the tree preservation order in the normal way.

Can I stop planning permission being granted – or prevent approved development being carried out – by getting a tree preservation order imposed on trees on the site?

No. A tree preservation order does not prevent planning permission being granted. But a local planning authority will consider the risk to protected trees when deciding planning applications. Once detailed planning permission is granted, any felling may be carried out which is directly required to enable the development to go ahead.