Want to Prune or Cut Down Your Tree?... Take Care - it May be Protected!

Well over 2000 trees within the Borough of Swindon are protected by Tree Preservation Orders (TPO's).

Furthermore, lots of trees and hedges are protected by inclusion within a conservation area or conditions on planning permissions.

Tree Preservation Orders

The Local Planning Authority (LPA) has a 'duty' decreed by central government to protect trees within the LPA. This is usually done with a TPO, made under the Town and Country Planning Act 1990 and the subsequent Town and Country Planning (Trees) Regulations 1999 (as amended). If the LPA believe a tree is under threat from felling or pruning and the tree is a good specimen with a reasonable lifespan, the LPA may well protect it with a TPO.

There is a right of appeal against the making of a TPO and you will be advised how to apply when served with the TPO. This does not mean the owner of the tree cannot ever touch the tree, but it does mean that if he or she wants to prune or fell it, then an application must be made to the LPA.

If the LPA think the proposed works are a reasonable course of action you will receive permission in writing.

What happens if you decide to prune or fell a tree that is protected by a TPO? Breaching a TPO is a criminal offence.

Where a tree has been destroyed (that means felled, uprooted, damaged in such a way as to be likely to cause its death or pruned to such a degree that it no longer has any value to the community), the penalty can be severe. The maximum fine for this offence is £20,000 in a Magistrates Court, or an unlimited fine if taken to a Crown Court. It will also be likely that you will have to replace the tree.

Conservation Areas

The Conservation Area legislation is similar to the TPO, including the financial penalties and tree replacement. The main difference is that whilst you are required to write into the LPA, the application is a 'notice of intent' rather than seeking the LPA's permission. You have to give the LPA six weeks' notice of your intent to prune or fell the tree. If you have not heard back by the time the six weeks has expired then you may proceed with the works described in your letter.

Condition of Planning Permission

Conditions are often attached to planning permission and typically takes the form of 'no tree to be lopped, topped, felled or otherwise destroyed without the written consent of the LPA'. Applications should be made in writing to the LPA, giving details of the works proposed.

The condition may also apply to a hedge, and again, applications should be made in writing giving full details of the proposed work.

Other Forms of Legislation

There are other forms of legislation, the most common being the Forestry Acts. These are aimed at woodland owners rather than the urban or village garden. The acts require consent from the Forestry Commission via a 'Felling Licence' where an owner wishes to fell timber, although a very limited quantity may be felled without such a licence.

We understand that all the above can be confusing to navigate through, therefore we offer the assistance of a specialist to deal with your tree enquiries and are more than happy to come out to your property to discuss your tree work proposals.

Applications and Notifications

Tree Preservation Orders

As of 1st October 2008, there will be a number of amendments to the Tree Preservation Order regulations implemented by Act of Parliament. The effect of this will be that all applications for works to protected trees will have to be made on a standard government form via the Planning Portal www.planningportal.gov.uk

Conservation Areas

You can complete the Notification for Works on Protected Trees in a Conservation Area form online:

Notification for Works on Protected Trees in a Conservation Area online  form

Alternatively, you can submit your notification in writing to the Local Planning Authority at Richard Hyett, Landscape and Countryside, Swindon Borough Council Premier House, Station Road, Swindon, Wilts. SN1 1TZ

Further Information

For further information please telephone 01793 466318.Link