Tree Preservation Orders - A Guide

Introduction

This page provides guidance concerning Tree Preservation Orders, for the benefit of tree owners, amenity organisations and the general public.

Why Protect Trees?

Trees are important because of their distinctive contribution to the environment. Yet, they are constantly under threat due to disease, the progress of development and other environmental factors. If the balance is to be restored not only is it important to plant appropriate new trees, but also the existing stock of mature trees must be safeguarded and adequate provision made for replacement planting. By protecting Trees under Tree Preservation Orders, where appropriate the Council can take a leading role and assist in achieving these objectives to benefit the environment.

What Is A Tree Preservation Order?

A Tree Preservation Order is made by a Local Planning Authority (such as Worthing Borough Council) under the Town and Country Planning Act 1990, on grounds of public amenity. It enables the Council to control works to trees, such as lopping, topping, felling or uprooting and to grant consent for such works under an application made in that behalf, subject to conditions where appropriate. Such an Order, however, makes it an offence to wilfully damage, destroy, fell, lop, top, or uproot a tree or trees specified in the Order, without the Council's consent in certain cases.

A Tree Preservation Order may cover any single tree, groups of trees or woodlands, but cannot preserve hedges, shrubs or fruit trees.

Criteria For The Making Of A Tree Preservation Order

When protecting a tree under a Tree Preservation Order, a reasonable degree of public benefit should result. The tree should normally be visible from a public place, such as a road, footpath, bridleway, park or other public open space. The preservation of trees may be for their intrinsic beauty, contribution to the landscape, or for screening an eyesore or future development. The benefit of protection can therefore be for the present or the future.

The value of the tree may be enhanced by its scarcity and the collective value of a group of trees may be taken into consideration.

Other factors, such as the importance of the tree as a wildlife habitat, may be taken into account, but would not be sufficient reason alone for making a Tree Preservation Order, unless there are also justifiable public amenity reasons.

The risk of felling need not be imminent before an Order is made and trees may be regarded as being at risk generally from development pressures.

Any trees considered for a Tree Preservation Order should be in a healthy condition.

How Do I Find Out Whether A Tree Is Covered By A Tree Preservation Order?

All Tree Preservation Orders (TPOs) are registered in the Planning Section at Portland House, Richmond Road. To find out whether a specific tree or trees in Worthing are included, you can call into our office or telephone.

Tree Preservation Orders - Your involvement

If you wish a certain tree to be considered for an Order, please write to the Assistant Director(Planning Services) giving brief details of the tree, its location and why you consider that such an Order should be made. A sketch plan showing the location would be helpful. Once your request has been received, it will be fully investigated as soon as possible.

How Soon Does An Order Operate?

Orders can be made to take immediate effect once they have been authorised by the Council. In emergencies, Orders can be made within 24 hours.

Objections To A Tree Preservation Order Being Made

Anyone can make representations for or against a Tree Preservation Order. Representations and objections may be made in writing to the Assistant Director(Legal Services), Town Hall, Chapel Road, Worthing BN11 1LF. When an Order is made, we serve notice on the tree owner, the occupier of the land and the occupiers of any neighbouring property where the trees overhang a common boundary. The notice will say when and under what circumstances objections to the Order being placed, can be made.

Working On Protected Trees

When a tree has a Tree Preservation Order placed upon it, the responsibility for its upkeep and maintenance still rests with the owner(s). However, you are required to obtain the Council's consent by application, before undertaking any work, except under the following circumstances: -

• The cutting down, topping, or lopping of a tree;
• Which is dead or dangerous;
• Which is necessary for the prevention or abatement of a nuisance which is actionable by law;
• In accordance with a statutory obligation;
• By or at the request of certain Government Departments or Statutory Undertakers, acting in accordance with their duties;
• Where imminently required for the purposes of carrying out a proposal for which planning permission has been granted.

Except in an emergency you should give 5 working days notice when you propose to cut down a protected tree in the above circumstances. This is because you will be required to replace the tree with one of a suitable species agreed with us.

Trees In Conservation Areas

Provision is made in the legislation to protect trees in Conservation Areas. If you wish to fell, lop, top or uproot trees lying within Conservation Area, other than those already protected by a Tree Preservation Order, you must give the Council 6 week's notice in writing of any intended works to trees. In response to such a notice, we may do one of three things: -

• We may make a Tree Preservation Order to protect the tree or trees - which, if made, would bring any works to the tree(s) under formal planning control by application
• We may advise you that the works are acceptable and may proceed
• We may allow the 6 weeks notice to expire, after which you may proceed with the proposed tree works provided that you complete them within two years. (If not, a new notice of intention must be served).

It is an offence to carry out works to trees within Conservation Areas without giving the Council the required 6 weeks notice of intention. If you would like further advice on whether a particular tree or trees are situated in a Conservation Area, please contact the Planning Section.

Replacement Trees

Except in woodlands, replanting is always required if a tree is felled in contravention of an Order, or if it dies or is removed or destroyed because it is dead, dying or dangerous. In such cases the original Tree Preservation Order will apply to the replacement tree. Replanting may also be required as a condition of consent to fell.

Development Sites

Trees on development sites can either be protected by an Order or by conditions attached to the planning permission. Planning permission could also contain provisions for replanting.

Penalties

Penalties for contravening a Tree Preservation Order, on summary conviction, can be severe, ranging from a fine of up to £20,000 or imprisonment or both.

How Can I Obtain Advice On Works To Protected Trees?

Any application for consent under a Tree Preservation Order to carry out works to protected trees is considered by the Council on its merits. However, before such an application may be made, the Council is happy to give advice on tree works and on how to submit an application. Please contact the Planning Section.

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