Tree Preservation Orders
A Tree Preservation Order (TPO) is intended to protect trees which provide significant amenity to their local surroundings.
A TPO makes it an offence to cut down, top, lop, wilfully damage or wilfully destroy a tree without the planning authorities written permission. TPOs can apply to trees on council owned and private land. All living material of the tree both above and below ground are protected, therefore the root system of TPO'd trees are afforded the same legal protection as the canopy above. This should be considered whenever any excavation works are to be carried out within the rooting system of the tree(s). The decision as to whether a TPO is placed on a tree is made by a council planning officer.
A TPO application must be approved by the council before any works can be carried out to a tree protected by a TPO or before it can be removed. If a TPOd tree is considered to be dead or dangerous it may be removed without the need for a formal application. The council must approve removal of a tree under these circumstances by issuing a '5 day notice'. The issue of removing deadwood from a protected tree is exempt from application although it is advisable to inform the council tree officers of any such intended works in the event that the council receives a complaint regarding the perceived illegal pruning of a protected tree.
Any persons carrying out works to a protected tree without prior consent from the council will be liable to prosecution.