What are Tree Preservation Orders and how do they effect me?
Important and significant trees are protected by Tree Preservation Orders. Tree Preservation Orders can be placed on individual trees, groups of trees, areas or even whole woodlands. Trees are awarded TPO status based on a range of criteria, but primarily it is the contribution a tree makes to its surroundings and environment.
Tree Preservation Orders make it unlawful to wilfully damage or destroy a tree, cut it down, uproot it, top it or lop it, or affect its roots, without the consent of South Gloucestershire Council. Penalties for infringements can be up to £20,000.
If you need to undertake work to a tree with a TPO, even minor works such as pruning, you must obtain consent from South Gloucestershire Council before carrying out any work.
If you live next to a property with a tree designated with a TPO then you cannot undertake any work to that tree, even if part of it crosses your boundary, without consent from South Gloucestershire Council and permission from the landowner.
What should you do?
You should find out if a tree you intend to do work to is covered by a TPO. If you undertake work to a tree with a TPO, without checking to see if it is covered, then you are still liable for prosecution.
To find out if a tree has a TPO contact the Tree Officers at South Gloucestershire Council. It is free and easy and they can tell you over the phone.
If the tree does have a TPO then you must submit a tree works application for any works to it, including pruning. If you wish to undertake works to a tree the forms are obtained from the national planning portal website and a direct link can be found to the application form under the Other websites form Works to trees application form on the right of the screen.
Your responsibilities, penalties and the law
You have an obligation under the Occupiers Liability Act to provide a duty of care for any tree within your ownership. If a tree has been designated with a TPO it is still your responsibility and you may not wilfully damage or destroy it, top or lop it, cut it down or uproot it, nor may you ask someone else to do it for you. You are responsible for any works that occur to a protected tree regardless of whether you undertake the work or not, and the TPO also prohibits causing or permitting such works.
You must not undertake work to a protected tree or a tree in a conservation area without prior consent from South Gloucestershire Council. If a tree/group of trees/woodland forms part of a development, again you will need permission from the local authority.
Failure to comply with the requirements of a TPO can incur a penalty of up to £20,000.
What if a tree with a TPO is dead, dying or dangerous?
Contact us. Although there are exceptions under TPO regulations the onus of proof is on you and therefore you should contact us so we can come out and inspect the tree.
I have received a letter about a tree on my property being designated a TPO
South Gloucestershire Council has a legal obligation to notify landowners that a tree has been designated with a TPO, or if the TPO is being renewed. You have 28 days from the date of the order to raise an objection or to comment about the TPO. You may not undertake any unauthorised work to this tree without consent from the council, even in the time you have to make objections and comments.
I have received a letter about a tree that is not on my property
South Gloucestershire Council has a legal obligation to advise neighbours adjoining land upon which a tree that is to be designated a TPO. The tree may not directly affect your property, but it makes a significant contribution to the landscape character and amenity of the area.
What should I do if I suspect that someone has undertaken works to a protected tree without permission?
Contact us here at the council and we will investigate the matter. If you wish it can be dealt with anonymously and the landowner will not be informed of your comments.