If you’re considering work on any of the trees in your garden or on land that you own, it’s important that you find out whether or not they are protected.
Here’s a run-down of the key facts you need to know about TPOs, conservation areas and restrictive covenants and importantly, what you can do about them.
What is a TPO?
TPO stands for Tree Protection Order. It is a written order to prevent the removal, lopping, topping, damage or destruction of a tree without express written permission. To do so without permission is a criminal offence.
TPOs are put in place to protect trees which benefit the local area – for example because of their beauty, historical value, their ecological benefit or the benefits of privacy which they bring. TPOs may also be put in place when a particular species of tree is under threat.
How do I know if my tree has a TPO?
There are two ways of finding out if a tree has a TPO – either check with your local council or ask your local tree surgeon. As qualified tree surgeons, Brackendale will quickly be able to tell you if your tree has a TPO or is in a conservation area.
What is a conservation area?
A conservation area is a place which has been identified as having special architectural or historical interest. Conservation areas are designated by the local council and often have extra planning controls and considerations to protect the things which make that place special. If you want to cut down or prune a tree in a conservation area, you must notify your local council six weeks in advance. This is so that the council can review your application and understand if the proposed work will affect the character of the conservation area.
How do I know if I live in a conservation area?
The easiest way to check if you live in a conservation area is to check with your local council. Most councils now have plenty of information on their websites to help you confirm whether or not you live in a conservation area and what that might mean for you and your property.
How is a restrictive covenant different to a TPO?
A restrictive covenant is a binding condition that is written into a property’s deeds to say what a homeowner can or cannot do to their property. In some cases trees are protected by restrictive covenants. If you want to do work on a tree that is protected by a restrictive covenant, you must get in touch with the person or organisation where the ‘benefit of the covenant’ resides. They will be in a position to give you permission to carry out work on your tree.
In contrast, a TPO is made by the local authority for the reasons mentioned above.
If one or more of my trees is protected, what should I do?
We know people can get nervous when they hear the terms Tree Preservation Orders or Conservation Areas being used. They assume that with these in place it will be difficult to make any changes to the relevant tree.
However, if there’s good reason for a tree to be removed or altered, legislation shouldn’t prevent the work. It’s simply a matter of understanding why the protection is in place and putting forwards a compelling case for carrying out planned work.
How long does it take to get permission to work on a protected tree?
You should allow for 8 weeks to get permission to work on a protected tree.
More questions about TPOs, conservation orders and restrictive covenants? Get in touch and we’ll be happy to help.
