Protected Trees

Submission of relevant planning application for approval from the agreed works

Trees subject to Tree Preservation Orders (TPOs) or located within Conservation Areas are legally protected under the Town and Country Planning Act 1990. This protection means that no works may be carried out on these trees without prior approval from the Local Planning Authority (LPA), except in certain emergency or exempt situations.

Types of Works Requiring Consent:

• Pruning (including crown reductions, thinning, lifting or deadwood removal)
• Felling or removal
• Root disturbance or excavation within the root protection area (RPA)
• Tree surgery for safety or structural reasons

Tree Preservation Orders (TPOs)

A TPO legally protects specific trees or groups of trees considered to have high amenity value. Written permission must be obtained from the LPA before carrying out any works unless exempt under statutory exceptions (e.g., dead or dangerous trees).

Conservation Areas

In a designated Conservation Area, all trees with a stem diameter greater than 75mm at 1.5m height are protected. A minimum of six weeks’ written notice must be submitted to the LPA before any intended work. The LPA may respond by allowing the work, suggesting amendments or placing a new TPO on the tree.

Submission of Planning Application for Tree Works

For trees under a TPO or in a Conservation Area, the following steps apply:

1. Preparation of Arboricultural Report or Statement:
• Detailing the tree species, condition, reasons for proposed works and photographs where applicable.
2. Completion of Application Form:
• For TPOs: Use Form 1 (Tree Work Application) available through the Planning Portal or local authority.
• For Conservation Areas: Submit a Section 211 Notice.
3. Supporting Documents:
• Tree location plan (site plan).
• Tree work specification (e.g., crown reduction by 20%, remove deadwood).
• Justification for the work (safety, health, structural clearance, etc.).
4. Submission to the Local Planning Authority:
• Applications can usually be submitted online or via email to the LPA.
• The decision period is typically 8 weeks for TPO applications and 6 weeks for Conservation Area notices.
5. Await Approval Before Proceeding:
• No work should be undertaken until written consent or expiry of the notice period (for Conservation Areas) is received.
• Breaching TPO or Conservation Area regulations can lead to criminal prosecution and substantial fines.

Note: If tree works are part of a wider development proposal, they must be integrated into the planning application, supported by a BS5837 Tree Survey and Arboricultural Impact Assessment (AIA).