Quick links
- What is a Tree Preservation Order (TPO)?,
- How do I find out if a tree is protected by a TPO?,
- If a tree is protected by a TPO may I prune it or cut it down?,
- How do I obtain written permission to prune my TPO tree?,
- Who can apply for work to be undertaken on a TPO tree?,
- What can I do if the council refuses my application?,
- What happens if I prune a tree without written permission?,
- What should I do if I suspect a tree is causing subsidence damage?,
- Do I have to pay for the work for which I have applied and received written permission?,
- If I have written permission to fell a tree, will I have to plant a replacement?,
- If a tree is not protected by a Tree Preservation Order how do I request that an order is made?,
- If I have any other queries who should I contact?,
- Download leaflet: Protected Trees - A guide to Tree Preservation,
What is a Tree Preservation Order?
A Tree Preservation Order is an order made by a local planning authority which makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the planning authority's permission. The purpose of the Tree Preservation Order is to protect trees that make a significant impact on their local surroundings. This is particularly important where trees are in immediate danger of being felled or heavily pruned. All types of trees can be covered by a Tree Preservation Order, including hedgerow trees. The Tree Preservation Order can cover anything from a single tree to woodlands.
How do I find out if a tree is protected by a TPO?
To find out if a tree is covered by a Tree Preservation Order please contact the Planning Department at Babergh District Council on 01473 825858. The Planning Department has details of orders available for inspection.
If a tree is protected by a TPO may I prune it or cut it down?
If a tree is protected by a Tree Preservation Order the owner or person wishing to undertake the work must seek written permission from Babergh District Council before work commences. It may be helpful to discuss the matter with the council’s Arboricultural Officer, before submitting an application.
There are certain circumstances where written permission from Babergh District Council may not be necessary before undertaking works. These include;
- Making a tree safe if it is an imminent threat to people or property.
- Removing dead wood, or a dead tree.
If the owner is in any doubt on these matters they should check with the Arboricultural Officer, and in any case, there is still a duty to notify Babergh District Council that work has been completed including supplying an explanation of the necessity. This is required as it may be important to plant a replacement tree.
How do I obtain written permission to prune my TPO tree?
Applications to fell or prune a protected tree must be made in writing to the Planning Department explaining which tree or trees are to be worked on, what work is proposed and why it is needed. Application forms can be obtained from the Arboricultural Officer or the Planning Department or printed off here for completion at home.
Application for Works to trees with Tree Preservation Orders (PDF, 291Kb).
Guidance Notes for Application for works to trees with Tree Preservation Orders (PDF, 103Kb).
Please send your completed form to:
Planning (Control Division)
Council Offices
Corks Lane
Hadleigh
IPSWICH
IP7 6SJ
Once an application has been registered, local consultation will be made and the Arboricultural Officer will undertake a site inspection before providing a recommendation on the proposals to the Planning Department. The applicant will then be issued with a written decision within 8 weeks from the date that the application was received.
Please note that applications for works to trees protected by a Tree Preservation Order are a matter of public record. As such Babergh District Council has a duty to compile and make available a public register of all tree works applications. The register is held in the Planning Reception at the Council Offices at Corks Lane in Hadleigh.
Who can apply for work to be undertaken on a TPO tree?
Anybody may apply, but their application will be assessed based on practical need, and the owner of the tree will be consulted (where traceable) on the proposed works. If an application is made by a person who does not own the tree it is the applicants responsibility to initially attempt to identify the owner.
What can I do if the council refuses my application?
If Babergh District Council refuses the application, or in approving works imposes conditions that the applicant thinks are unreasonable, the applicant may appeal to the Office of The Deputy Prime Minister. Details of the appeals process are issued with all decisions.
What happens if I prune a tree without written permission?
If work is carried out on a tree without written permission (and where written permission should have been obtained) the owner (or person who carried out the work), could be fined up to £20,000 per tree if convicted in the magistrates' court. In determining the amount of the fine, the court will take account of any financial benefit arising from the offence. The offender will normally have to plant a replacement tree if the tree was cut down or destroyed.
Do I have to pay for the work for which I have applied and received written permission?
Carrying out the work is the responsibility of the applicant. The Babergh District Council cannot recommend suitable contractors because of competition rules. Check the Yellow Pages, local newspapers, trade directories. Obtain several quotes and ask about qualifications, membership of trade associations (eg Arboricultural Association, International Society of Arboriculture) and references from previous jobs. Any permission from the Council will normally state that the work must be carried out in accordance with British Standard 3998 (1989). Ask the prospective contractors what that is. Also check for adequate third party insurance.
Subsidence and trees
What should I do if I suspect a tree is causing subsidence damage?
Trees close to buildings and other built structures can increase the risk of subsidence when roots extract moisture from shrinkable clay soils beneath foundation level. If you suspect that trees (council owned or on neighbouring private land) are causing subsidence to your property then it is important that you contact your home insurance provider. Your insurance company will look into your concerns and may want to investigate the damage as part of a claim. If they believe that a council or neighbours tree is implicated in the damage, they will contact the respective tree owners on your behalf.
Where a claim is made against a council owned tree or a tree protected by a tree preservation order the council will reasonably expect an appropriate level of evidence provided to demonstrate that the tree in question is an influencing cause in the subsidence. As a guide this information is likely to comprise the following:
- Engineers report on assessment of damage to building.
- Plan and profile of foundations.
- Full details of all areas of damage attributed to the subsidence including location plan of building in relation to trees both on and adjacent to the property.
- Soil analysis – including proof of dessication, details of liquid and plastic limits taken from both a trial pit and control pit.
- Tree root identification from beneath foundation level.
- Monitoring results preferably for 12 months or more, including level monitoring.
- Details of any drainage report carried out for the property.
Details of previous underpinning or relevant building works to the property.
Without this information it is unlikely that the council will be able to take an informed view on any proposed works or an appropriate solution.
If I have written permission to fell a tree, will I have to plant a replacement?
When permission is granted for the felling of a tree, Babergh District Council normally requires that a replacement tree is planted. The new tree is then protected by the Tree Preservation Order. Trees that are planted as replacements as a result of a court instruction also assume the protection of the existing Tree Preservation Order.
If a tree is not protected by a Tree Preservation Order how do I request that an order be made?
Not every tree meets the criteria laid down in the legislation for it to be reasonably protected by a Tree Preservation Order. Generally, trees that merit a Tree Preservation Order have to be of outstanding amenity value and under threat of removal. If you have identified a tree that is not protected and you think it should be, please submit your request in writing, stating your reasons, to:
Head of Planning (Control)
Council Offices
Corks Lane
Hadleigh
IPSWICH
IP7 6SJ
If I have any other queries who should I contact?
If there are any queries relating to these or any other tree matters, please contact the Arboricultural Officer.
The Department of Communities and Local Government have produced a leaflet called Protected Trees: A Guide to Tree Preservation Procedures written for the benefit of tree owners, the general public and amenity groups, and answers some of the most common questions about tree preservation procedures. It is for guidance only and is not a statement of the law. You should consult a solicitor if you are unsure of your legal rights or obligations.
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