What is a TPO?
TPO stands for Tree Preservation Order. They can apply to individual trees, groups of trees, or woodlands. They are put in place and managed by the local planning authority when a tree of sufficient amenity value is deemed to be under threat. Amenity value is not clearly defined, but generally is considered to mean of benefit to the community in an area – usually from a visual, rather than ecological, perspective. A tree (or group) will generally have to be of significant size or form, rare, have historic or cultural value, or should make a particular contribution to the landscape.
What is the benefit of a TPO?
Trees can suffer from wilful damage. This includes felling, obviously, but also encompasses detrimental pruning, cutting of roots (both deliberately and accidentally) and other wilfully destructive activities, all of which can lead to a trees death.
Does the TPO on my tree stop me from undertaking work on it?
No. TPO’s are in place to prevent wilful damage, not to prevent trees from being cared for. It is acknowledged that trees in the human environment can cause issues, which need to be managed. There are many legitimate reasons for wanting to prune a tree, including; to maintain pedestrian or vehicular access, to avoid damage to buildings, to prevent danger (this can include where a tree is blocking light from a streetlight, or obscuring a sign or safety-critical view), to prevent nuisance and to maintain an acceptable level of risk of harm. Sometimes, even trees with TPO’s on them can become dangerous following storms or due to ill health and need to be made safe either immediately, or as part of an ongoing tree care plan.
Is there a procedure to go through before doing work?
Yes. The local authority – in our case usually Cornwall Council – need to be asked to give consent for works to be undertaken. There is a set application procedure which includes giving clear identification of each tree that requires work; their exact location on a map, their species and size, along with photographs and written explanation of the proposed work and the reasons for doing so. This will be considered by the planning department who consider the reasons for proposed work and either give consent to carry out the work or give advice as to what work, if any, they deem necessary. A tree officer will sometimes undertake a site survey in order to fully understand the request an make an informed decision. In basic terms, a local authority will give permission for the work to be undertaken where pruning or other work – whole tree removal in some cases – is reasonable and has been justified. The process usually takes some weeks, but there can be exceptions where there is an immediate threat to life or property, such as after a storm or if a tree has partially uprooted. Completing the application form is not too onerous, but it does need to be accurate and sometimes quite comprehensive.
Can my tree surgeon apply on my behalf?
Yes. We regularly submit applications to work on a tree subject to a TPO on behalf of our clients. We will take extensive notes when surveying your trees and so our initial visits may take longer than if your trees are not subject to a TPO.
Can I remove trees subject to a TPO to build a house?
This is a bit more complicated and should be discussed with a tree consultant. We are happy to refer you to an independent tree consultant where this is a requirement.
This is a brief and simplified overview of TPO’s and does not constitute legal advice.
