Tree preservation orders
Last updated | 21/06/2007
Trees can be of great value to the public. They add to the character of the countryside, they make streets look more attractive, they can increase the value of property, they can even reduce stress. The Council aims to have a positive image for the area, with a sustainable natural and built environment, protecting the trees we already have is a key part of this.
What is a Tree Preservation Order?
Tree preservation orders prohibit the cutting down, uprooting, topping, lopping, wilful damage or willful damage or destruction of trees without the Council's consent. This also includes damage to roots.
These orders exist for individual or groups of trees which are seen as having amenity value to the community. The felling or lopping of trees which are subject to a Tree Preservation Order requires our consent.
Tree preservation orders 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 in addition fruit trees grown for the commercial production of fruit. Anyone proposing to cut down a tree under this exemption is advised to give the Local Planning Authority five days notice before carrying out the work, except in an emergency. Anyone who is not sure whether the tree falls within the exemption is advised to obtain the advice of an arboriculturist.
If work is carried out on a protected tree under this exemption the burden of proof to show, on the balance of probabilities, that the tree was dead, dying or dangerous rests with the defendant.
The maximum penalty for carrying out works to trees protected by Tree Preservation Orders is £20,000.
How can I apply for a tree to be protected by a tree preservation order?
If you would like a tree to be protected by a tree preservation order a request should be made in writing to the planning department, clearly identifying the tree in question. The tree will then be assessed by the council. If it is considered acceptable to protect the tree, a preservation order will be placed accordingly.
What procedures does the council follow?
The council will serve a formal notice on the owner of the tree and write to other interested parties advising them of the making of the Order.
Individuals have 28 days from the date of the Order within which to object or support the Order. When writing to the Council you should set out the reasons for your views plus any supporting details related to the trees. The Council will take these into account in deciding whether to confirm the Order.
Applying for consent to prune, lop or remove a tree covered by a tree preservation order
Anyone wishing to fell, prune or uproot trees in a Conservation Area, unless they form a hazard to public safety or are already covered by a Tree Preservation Order, must give the Council six weeks' notice. Work must not be carried out within that period without consent, otherwise penalties may be incurred. The Regulations made under this Act give certain exemptions from this requirement, and applicants are advised to contact the Development Control Section if they are in any doubts about the procedures.
Trees in conservation areas
How do we protect trees in a conservation area?
Trees in conservation areas are protected in the same way as trees covered by Tree preservation orders: it is an offence for any person to cut, lop, top, uproot, wilfully damage or destroy any tree in a conservation area unless six weeks notice has been given to the planning authority. This gives us time to consider making a Tree Preservation Order.
Please contact 01738 476476 or email
es@pkc.gov.uk if you have a question related to a particular tree or trees in a Conservation Area.
Details Tree Preservation Orders are made by a Planning Authority Section 160 of the Town and Country Planning (Scotland) Act 1997 in Scotland and within the procedures set out in the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 1975-84. They are an effective means of protecting individual trees, groups of trees or woodlands whose removal would have significant impact on the public amenity of an area. They form a legal constraint permanently attached to the title of the land where the trees are located.
