A Tree Preservation Order (TPO) is a written order from a local planning authority in England that protects trees, groups of trees, or woodlands. A TPO prohibits, without local authority consent:
- Trees being cut down
- Being topped
- Lopping
- Uprooting
- Wilful damage
- Wilful destruction
If the local authority consents to the carrying out of any of the above activities, they can set conditions that must be followed. In addition, cutting of tree roots is considered a prohibited activity and also requires local authority consent.
What is the purpose of a TPO?
A TPO is designed to protect certain important trees, tree groups or woodlands. They protect trees which bring a significant amenity benefits to the local area. TPOs are particularly important where trees are under threat. A TPO does not need to relate a particular species of tree and can cover all species of trees but not hedges, bushes or shrubs.
Where can you find out about TPOs?
All local authorities keep a record of all TPOs. As well as being listed with the details, these are frequently map based showing the location of the trees being protected. From the map, a link is usually included to a copy of the full TPO.
How can you request a TPO?
Anyone can request a TPO. To do this you should submit a written request to the local authority responsible for the area in which the tree, trees or woodland is located. You must include a map showing the location. You must also specify the tree species and explain the reason for your TPO request. In addition, you must highlight the visual amenity, document the wildlife the tree supports and, if the trees are facing an immediate threat, stress the timescale. Submitting a photo is also a good idea, although not strictly necessary.
The local authority will consider the request and determine whether to issue the TPO.
Penalties for breaching a TPO
The courts can fine anyone who contravenes a TPO. The maximum fine is £20,000 where a tree is destroyed and up to £2,500 for damage to the tree short of its complete destruction.
If the destruction of a protected tree is beneficial to a proposed development, the fine imposed can be unlimited and is set at the discretion of the court. It is also likely you will need to plant another tree to replace the one you destroyed.
Hedgerow protection
Although not covered by TPOs, hedgerows are protected through The Hedgerows Regulations 1997. Hedgerows may also include trees which are not protected by a TPO.
Under these regulations, a hedgerow is automatically protected if:
- It is located in or next to:
- land used for agriculture or forestry;
- breeding or keeping horses, ponies or donkeys;
- common land; village greens;
- SSSI (a Site of Special Scientific Interest);
- a special area of conservation, national or local nature reserve; or
- Crown land, and
The Length is:
- more than 20m long, with any gaps of 20m or less in length; or
- less than 20m long but meets another hedge at each end. or
- qualifies as “important”: is at least 30 years old AND meets at least one of the archaeological and ecological criteria listed in Schedule 1 of the Hedgerow Regulations.
It is against the law to remove countryside hedges that fall into the above criteria without permission from the local planning authority.
Protection for breeding birds
Breeding birds are protected during the breeding season (usually from 1 March until 31 August) under the Wildlife and Countryside Act 1981. Offences include:
- Killing, injuring, or taking wild birds
- Taking, damaging, or destroying the nest of wild birds
- Taking or destroying the eggs of wild birds
Anyone found guilty of an offence under the 1981 Act, if convicted of a summary offence can face up to 6 months in prison or a level 5 fine (which is unlimited for offences committed after March 2015). Conviction on indictment can attract up to 2 years in prison and an unlimited fine.
Other protections for trees and woodlands in England
Trees and woodlands in England are also protected by:
- The Keepers of Time policy statement: This policy commits to protecting ancient and veteran trees.
- The Environment Act 2021: This act introduced Local Nature Recovery Strategies (LNRS), which require every area in England to have a plan for nature. The LNRS plans should prioritise the protection, restoration, and expansion of native woods and trees.
To discuss this, or any other related matter with Simon directly, please call us, email info@hartbrown.co.uk or start a live chat today.
*This is not legal advice; it is intended to provide information of general interest about current legal issues.
