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A Tree Preservation Order (TPO) is an order made on healthy trees, which make a significant impact on their local surroundings. The tree(s) should be clearly visible from a public place. This is particularly important where trees are under immediate threat.
Further details are available from:
An Order is made by the Council in respect of trees or woodland to prevent the cutting down/uprooting/topping /lopping/wilful damage or destruction without the Council’s Consent.
All types of trees can be protected by a Tree Preservation Order but not hedges, bushes or shrubs. The Tree Preservation Order can cover anything from a single tree to woodlands. Trees protected by a Tree Preservation Order remain the responsibility of the owner, the Council does not then become responsible for looking after the trees but advice may be obtained from the Council where appropriate.
To find out if a tree is covered by a tree preservation order you should contact the Council’s Tree Preservation Order Assistant who can also arrange for you to view or purchase a copy of an Order.
A tree preservation order is a charge on the land on which the trees are situated, an official search of the local land charges register can also be made before you purchase a property in the Borough. This should reveal the existence of a tree preservation order or whether your property is in a conservation area.
If you want to undertake work on a protected tree, the Tree Preservation Order Assistant can discuss your proposal informally by advising whether you will need to seek permission and arrange to provide you with the appropriate application forms and guidance note.
Following the introduction of the Standard Planning Application Form (1APP), the forms are also available from the Planning Portal, which enables you to either apply online (external link); to fill out the forms electronically and then download them; or just to download the forms (external link).
The Department for Communities and Local Government has also published Guidance Notes on Applications and Notices for Tree Works.
If you deliberately destroy a protected tree or damage it in a manner likely to destroy it, you could be liable for a fine.
Further details are available from the following Forestry Commission link:
Further details are available from the following Forestry Commission link:
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Trees in Conservation Areas which are already protected by a tree preservation order are subject to the normal tree preservation order controls.
Trees often make a major contribution to the character of a Conservation Area, consequently there are also restrictions relating to those trees which are not the subject of a tree preservation order. You are required to give the Council 6 weeks notice in writing if you propose to carry out work.
If you are in doubt, you should contact the Council’s Tree Preservation Order Assistant who can advise whether you will need to give notice and provide you with the appropriate application forms. Alternatively, the forms are also available from the Planning Portal, which enables you to either apply online (external link); to fill out the forms electronically and then download them; or just to download the forms (external link). In the meantime, you are advised not to carry out any work without the appropriate Conservation Area Consent.
If you deliberately destroy a tree in a conservation area or damage it in a manner likely to destroy it, you could be liable for a fine.
This legislation is separate from the consideration of ‘high hedges’.
Certain hedgerows are affected by the Regulations – generally hedgerows in the countryside (but not hedges within or bordering a garden).
The way in which the Regulations apply to individual hedgerows is quite complex. If a hedgerow is affected by the regulations, then permission may be required to remove all or part of it. You should therefore discuss a proposal to remove hedgerows in the countryside informally with the Council’s Tree Preservation Order Assistant at an early stage before formally seeking permission.
A brief summary of the law is contained in the Department for Environment, Food and Rural Affairs (DEFRA) leaflet The Hedgerow Regulations - Your Questions Answered To obtain a copy, please contact the Borough Council's Tree Preservation Order Assistant on 0115 901 3719 or email: developmentcontrol@gedling.gov.uk
If a hedgerow is removed without permission, you could be liable for a fine and may also have to replace the hedgerow.
This legislation is separate from the consideration of 'important hedgerows'.
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