Tree Preservation Orders

Trees are an important part of our landscape and environment; they take decades to mature but only minutes to remove or harm. Trees soften urban landscapes, adding variety and a sylvan quality to the character of an area. Many parts of the borough have good tree cover but they are a finite resource and are often threatened by development.  New planting is essential to replace trees lost through natural decline or development.

Tree Preservation orders or TPOs were introduced to enable Local Planning authorities to protect important trees. TPOs can be placed on any tree that has amenity value. Trees that are exempt from TPOs are those that are dead, dying, diseased or dangerous and fruit trees grown for the commercial production of fruit. The maximum penalty for carrying out works to TPO trees without consent is £20,000.

The Town and Country Planning Act 1990 recognises the importance of trees to the amenity of an area.  The council has powers to make Tree Preservation Orders (TPOs) to protect trees during development and to require the planting of trees by imposing conditions when granting planning permission.

A Tree Preservation Order (TPO) is a legal document, made and administered by the council to protect trees by controlling works carried out to trees and woodlands with amenity value.  The principal effect of a TPO is to prohibit the cutting down, uprooting, topping, lopping, wilful damage or destruction of a tree without the prior consent of the Local Planning Authority (LPA).  The cutting of roots is potentially damaging and also requires the LPA's prior consent. Certain exemptions apply but you are strongly advised to contact the Planning Deprtament before you undertake, or instruct any other person or company, to undertake any works to a preserved tree.

The Act does not limit the application of TPOs to trees of a minimum size but a TPO may not be used to protect bushes or shrubs.  A TPO may be made to protect trees in hedges which are not subject to hedgerow management. (Separate legislation is in place to regulate the removal of important hedgerows.)

If you wish to carry out works to a preserved tree or woodland you must apply in writing to the council.  You may either use an application form or simply put your request in writing, but all applications must clearly identify the species of trees to be affected by the proposed works and the location of the tree(s) (with the use of a plan).   You should describe as accurately as possible the works proposed and state the reasons for the application.  We will also need your contact details. No fee is payable for these applications.

All applications are advertised on the council's weekly list of applications.   A site visit will be carried out and the council will issue a decision notice.  Most decisions are made without referral to a committee or sub-committee.  We will either refuse consent or grant consent with conditions. Consents usually last for eighteen months.   After the expiry of the time limit a further application would have to be made, even it is proposed to carry out the same works as previously approved.

Conditions typically require the planting of replacement trees, where trees are felled, or specify certain standards of work. If the proposed works are considered excessive, but the council considers that lesser works would be appropriate, it will issue two decision notices, the first refusing consent for the applied works and the second approving consent for lesser works.

There are few Tree Preservation Orders in Welwyn Garden City, as many trees are protected by the Estate Mangement Scheme.

You can appeal against the refusal of an application for works to trees protected by a TPO.  You should contact the Government Office for the East of England (GoEAST) and you need to inform GoEAST within 28 days of the refusal of your intention to appeal against the decision.
 
Contact details are as follows:
Government Office for East of England
Eastbrook
Shaftesbury Road
Cambridge
CB2 2DF
Tel: 01223 372500
Fax: 01223 372501

For a guide to the law and best practice on Tree Preservation Orders please see the Urban Policy on the Department for Communities and Local Government website.