A TPO can be placed on any tree, including hedgerow trees but not hedgerows themselves. It can also apply to woodland, although this is less common. TPOs are most commonly used for urban and semi-urban settings, and for trees with high ‘amenity’ or ‘nature conservation value’.

 

How does a TPO protect trees and woods?

If a tree or wood is protected by a TPO or is in a conservation area, anyone wishing to carry out management work or remove the tree will need to get permission from the local planning authority (usually the local council).

If permission is not sought from and given by the council, then they have the ability to prosecute which could result in a fine between £2,500 and £20,000!

How do I get a TPO on a tree or wood?

If you are interested in placing a TPO on a tree or wood, one of the first things you need to do is to contact the council and ask to speak to the tree officer, or the person at the council who has the same powers.

Be sure to make them aware of why you feel the tree needs to be protected: usually TPOs are placed on a tree or wood that’s deemed to be a local amenity.

Remember though, making a TPO is a discretionary power - the council does not have to place a TPO on any tree. However, where one is made, the council does have a duty to enforce it.

What are the timescales?

Within the first six months of a TPO it can be confirmed or terminated at any time. It can also be modified during this time, although you can’t add more trees to the TPO in this time period. If more trees need to be added, a new TPO will usually be created by the council.

If no objections are received after six months, the TPO becomes permanent. A works to trees application must then be submitted to the council before any works can legally be carried out.

Someone wants to fell a tree that already has a TPO - what can I do to protect it?

If someone wants to fell a tree that’s already protected by a TPO they must submit an application to the council to do so. This application will have a consultation period attached, which is the perfect opportunity for you to contact the council and submit your objection.

Consider getting the local community involved. Encourage as many people as possible in your local area to contact the council and object to the proposed removal of the tree.

A tree with a TPO on it has been felled. Should another tree be planted?

Yes. If a tree has been felled which is protected by a TPO the landowner has a duty to replace the tree. This is also true if the tree is dead, dying or has become dangerous.

The landowner must plant another tree:

  1. of an appropriate size and species,
  2. at the same place,
  3. as soon as he or she reasonably can.

If the land is sold before the landowner has replanted the tree, this duty passes to the new owner.

When the tree is replaced it is covered by the original TPO no matter what the new species is. The council should generally then update the TPO to make sure it covers any slight changes to the location or changes to the species.

Why can a tree with a TPO be felled for a development?

If planning permission is granted for a site and the felling of a tree protected by a TPO is included in the application, then planning permission outweighs any protection that the TPO may have offered. However, if a tree protected by a TPO does need to be felled, the landowner has a duty to replace the tree.

 

Read more on TPO legislation at GOV.UK.

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