Local planning authorities use Tree Preservation Orders to protect trees from being damaged or removed (including their roots). Before any tree surgeon can get to work, a formal application to the appropriate planning authority will need to be submitted and accepted. Failure to follow the correct procedure could result in a £20,000 fine (Section 210 (2) of the Town and Country Planning Act 1990 gives councils the ability to prosecute in the Crown Court which could result in much larger fines).
Tree Preservation Orders can protect specific trees, groups of trees or woodland. In making a TPO, planning authorities will consider the ‘amenity’ value of the tree or trees in question. They will consider, among other things; location, historic value and biodiversity.
Applications to work on protected trees are made on a standard form available on the planning portal or from the authority. Trees in conservation areas are protected under section 211 of the TCPA 1990. In these instances, a ‘section 211 notice’ must be made 6 weeks prior to the works beginning. This will allow time for the planning authority to consider whether to impose TPOs on any tree(s). It should be noted that section 211 is only relevant to trees with a diameter of 7.5cm at chest height (or 10cm at chest height if the proposed work is thinning to help other trees and plants grow).
Think you need to make an application?
If you’re in any doubt about whether you need to make an application to work on protected trees, contact me at my details below for some advice. I can make the necessary checks and submit an application on your behalf.