Tree Preservation Orders

Tree Preservation Orders (TPOs) can be placed on trees and woodlands that have been assessed as providing a positive amenity to the public and where their removal would have a significant impact on the local environment and its enjoyment by the public.

They are managed by the Local Council, in this case by Herefordshire Council as the Local Planning Authority (LPA). There are over 500 Tree Preservation Orders in Herefordshire, protecting about 750,000 trees, either as individuals or as parts of groups, areas or woodlands.

Trees of any species and of any size can be protected by a TPO, including woodlands and non-commercial orchards. Bushes, shrubs and hedges are not covered, although trees growing within hedges may be eligible for protection.  

If a tree has a TPO, you cannot cut it down, top it, lop it, uproot it, damage it, or destroy it without permission from the local council.

The protection applies not only to the property owner but also to tenants of land with trees and also to contractors or tree surgeons and to members of the public: You do not have to own the tree to commit an offence. It is also no defence to be unaware of the existance of a particular TPO

You can check to see if trees are protected by searching for the property in question on Herefordshire Council’s online TPO map (link below left). However, you should bear in mind that  trees recently protected may not be shown on this map while on the other hand, TPOs may be shown to include trees that are no longer present. To fully confirm if a tree or woodland is protected or not you should contact the Council by email (link below right) or by writing to
Herefordshire Council Natural Environment Services, Box 4, Hereford HR4 0XH

Residents with particular concerns that important trees or woodlands are at risk of being cut down or damaged  can request that a TPO be made to protect them. You can use the contact details above to get in touch with the Council’s conservation team, providing them with details of the tree, trees or woodland in question, including where they are, why they are of value to the public and why they are considered to be at risk. For a tree or trees by be protected by TPO, certain criteria must be fulfilled: click on the link below for more information.

While certain exceptions apply where TPO consent to carry out works is not needed, notice of those works may still have to be given to the Authority.
These exceptions include:

• Removing dead branches from a tree.

• Cutting down or cutting back a tree which is dead or dangerous.

• While TPO consent is not required to make a dangerous tree safe, the Local Authority must be informed in writing 5 working days before the work is carried out.  

• In situations where a protected tree poses an immediate risk of causing serious harm, it can be dealt with without giving advance notice, but only to the extent that it is necessary to remove the risk. (For example, the presence of a broken branch in a tree does not justify the felling of the entire tree.)
  As soon as practicable after the work becomes necessary, the owner (or agent) must give written notice to the authority of its extent. They should be able to provide evidence to justify the work carried out; where practicable it is advisable to be able to provide photographic evidence.

• TPO consent is not required for work which is directly in the way of development that is about to start for which detailed planning permission has been granted. (Note: this does not apply in the case of outline planning permission.

• TPO consent is not required for tree works in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice.

• Felling of trees in accordance with one of the Forestry Commission’s grant schemes or where the Commission has granted a felling licence is exempt.

• It may be permissible to carry out works to prevent or control an actionable nuisance. However, it is strongly advised that a solicitor be consulted to determine if a nuisance is indeed ‘actionable’.

• Consent is not required in certain circumstances for work carried out by, or at the request of certain statutory undertakers (such as utilities and telecoms companies). However, these statutory undertakers, or contractors working at their request, are advised to liaise with local authorities prior to carrying out work to trees protected by an Order. It is also expected that all vegetation control is carried out in accordance with best arboricultural practice and that they should also take care to not contravene the provisions of legislation protecting plants and wildlife.

• Works that are in line with an obligation under an Act of Parliament do not require TPO consent. For instance, under section 154 of the Highways Act 1980 a highways authority would not require TPO consent to take action to deal with trees causing danger to or obstruction of the highway.

Even if proposed works are regarded as exempt from the need to obtain permission, it is prudent to advise the Local Planning Authority of your intentions: if you are in any doubt, check with your Local Authority

• You can apply for permission to carry out work on a protected tree through Herefordshire Council’s website - CLICK HERE.
  There is no fee  for applying for permission to work on a tree with a TPO.

• Applications will registered, allocated a reference number and will be listed on the council’s Planning Search page, which can be found  HERE.

• Members of the public are free to comment on the proposed works, either to object or to support the proposal.

• To ensure that these comments are duly considered they must be made through the website  using the ‘Make a comment on this application’ link.

• The proposal will be considered, generally by the Council’s Tree Officer, and a decision will be made based on whether the work proposed is regarded as being justified and proportionate. Comments made by members of the public and other consultees such as the local Parish Council will be taken into account in reaching a decision.

• To enable proposals to be properly considered it is important when making an application that the tree in question is clearly and unambiguously identified, giving its species (if known) and preferably by showing its location on a sketch plan. Including photographs with the application may also be helpful. You should also provide a clear description of the operations proposed and give the reasons why the work is felt to be necessary. You might find it helpful to seek the advice of a tree surgeon/arborist before making an application; he or she may also be able to make the application on your behalf,

• Decisions should be issued with eight weeks of an application being registered.

• Decisions must be made in respect of the operations proposed in the application, so the authority should not issue a decision which significantly alters the work applied for. It may, however, grant consent for less work than that applied for.

• In applications that request a number of separate operations, or works that affect several trees, a split decision may be given, allowing some works but refusing others. In these cases the authority must make it clear in their decision notice exactly what is being authorised.

• Where consent is granted it remains valid for a period of two years from the date of the decision (unless varied by a Condition: see below)

• Where appropriate the council may grant permission subject to Conditions. Amongst other things, a condition may:
  - Require the planting of replacement trees;
  - Require the authorised work to be carried out to a specified standard;
  - Allow repeated operations to be carried out. (Unless a condition specifies
  otherwise, works normally may be carried out only once)
  - Impose a time limit on the duration of consent other than the default
  two year period 2 year period.

• If the council refuses all or part of an application you may, within 28 days of the date of the Council’s decision notice, lodge an appeal against that decision. You may also appeal against the imposition of certain conditions. (You may also appeal if the authority has failed to notify you of a decision within eight weeks. There is no deadline for appealing on the grounds of non-determination)

• To lodge an appeal you must do so within 28 days of the decision being made by filling in a tree preservation order appeal form. You will also need a copy of the council’s decision and any other documents that support your appeal. These should be sent to the council and to the Planning Inspectorate:
  Either by email - [CLICK HERE]

• Or by post to  

• Environment Appeals
  Room 3A Eagle Wing
  Temple Quay House
  2 The Square, Temple Quay
  Bristol   BS1 6PN.

Full details of how to appeal are available online HERE.

THE HISTORY OF TPOs
One of the less well known achievements of the Labour Government of 1945-51 is the creation of the Tree Preservation Order more or less as we know it today. However, legislation to protect trees goes back considerably further, to 92/91 BCE, set out in regulations inscribed on a stone stele, concerning the celebration of rituals dedicated to the "Great Gods." in the city of Andania, in southern Greece. One section deals with the protection of the sacred grove and sanctuary property and says, in translation:

No one shall cut [wood] from the sacred place; and if anyone is caught, let the slave be flogged by the sacred officials (hieroi),
and let the free man pay a fine, as much as the sacred officials decide; and let the person who happens upon them lead them
to the sacred officials and receive half [of the fine]."

It's interesting to note that the law offers half of the fine to the person who caught the offender, thereby creating a "citizen-police" system, ensurinh that the the sacred grove was protected even when officials weren't present.

Bringing us more up to date, it was the Town and Country Planning Act 1947 that introduced the modern concept of the Tree Preservation Order, designed to safeguard trees from post-war urban growth and development, marking a cultural shift towards the recognition of the significance of urban trees and the importance of protecting them. The 1947 Act was subsequently updated through the Town and Country Planning Act 1990, followed by significant amendments in the 2000s and in 2012, when the Town and Country Planning (Tree Preservation) (England) Regulations 2012. was introduced. These simplified the process by introducing a single procedure for all orders, including those made before 6 April 2012. Government guidance regarding the law around TPOs and Conservation Areas can be found HERE

TPOs are public documents and must be made available for inspection at local government offices on request. Copies must also be provided on request, although there may be charge for this.
Click HERE to visit the Viewing TPOs page on the Herefordshire Council's website

WHAT A TPO IS AND DOES
A Tree Preservation Order is a legal document set out in the standard form set out in the TCPA. The Order is held by the LPA and it must clearly specify the trees that it protect by species and with identifying numbers. (See below for the different designations used). It must also include a map that clearly identifies the trees' locations.

When a TPO is first made, it comes into force immediately but only provisionally; the LPA then has 6 months to decide whether to confirm the order (with or without modifications). If it chooses to confirm, the TPO document must be endorsed to that effect, showing the date of the decision and indicating if it has been confirmed subject to modifications.

If the authority does not confirm it within that 6-month period, the order lapses and the trees are no longer protected by that TPO. In that case, the council can make a new TPO if it still considers the trees worthy of protection by restarting the entire process, including the notification of interested parties to give a fresh opportunity for objections.

DESIGNATIONS USED TO SPECIFY TREES IN A TPO.
There are two critical parts of a TPO, the Schedule and a Map, which must be sufficiently detailed to enable the positions of all protected trees to be identified. The schedule lists all of the trees protected by the Order identifying them by species and allocating them numbers using the following designations which cross-reference to the Map.

• An Individual designation protects specific trees. These are listed in the schedule by species and number, prefixed by the letter T (e.g. T1 Oak, T2 Sycamore)

• A Group of trees can be used to protect a specific groups of trees where the individual category would not be appropriate but where the group’s overall impact and quality merits protection. The Schedule shows the group number (e.g. G1, G2 etc.) and should indicate the numbers of each species present in the group (e.g. 2 Beech, 1 Scots Pine, 3 Larch)

• a Woodland designation (W1, W2 etc) is used to safeguard a woodland in its entirety. Accordingly, although some individual trees may have limited merit, every tree within a woodland considered worthy of protection is covered by the same provisions and exemptions. Furthermore, any trees or saplings that naturally regenerate or are planted within the woodland area after the Order is made are also protected under the Order.

  Note that the imposition of a Woodland TPO should not prevent or restrict beneficial woodland management.

  Note also that a woodland classification is unlikely to be suitable for use in gardens.

• An Area TPO is a designation that protects all of the trees standing within a specified area at the time the Order is created. They are shown in the schedule prexed by the letter A (e.g. A1, A2 etc.)
  This form of blanket TPO is intended to be used for short-term protection, for instance where it is believed that trees may be under threat but there is inadequate time to carry out a detailed assessment. As a result it may include individual trees that a more detailed assessment would reject as being appropriate for protection.
  Because an Area order only protects trees present at the time of its creation, over time, as other trees become established, it will become more difficult to be certain which individuals are protected and which are not. For this reason, Government guidance states that "Authorities are advised to only use this category as a temporary measure until they can fully assess and reclassify the trees in the area. In addition, authorities are encouraged to resurvey existing Orders which include the area category."
  Unfortunately, due to the limited resources available to local authorities, re-surveying and re-classification is frequently not carried out with the result that some TPOs dating back many decades still include Area designations leading to great uncertainty as to which trees are covered by the Order and which are not.

MAKING A TPO
A TPO can only be made by an officer of the relevant Planning Authority (National Park Authorities can also make TPOs, but there are no such bodies within Herefordshire).

Members of the public can request that TPO be made, although the final decision is at the discretion of the local authority. Because the imposition of a TPO also involves the curtailment of certain rights of the land owner, such decisions are not taken lightly.
Furthermore, the procedures involved in the creation of a legally enforceable Tree Preservation Order can be time-consuming. These include:

• An initial assessment to evaluate the tree's visibility, size, rarity, and cultural/historical value and to confirm any threat it may be under;

• The drafting of the order, which must identify the all of trees, groups, areas or woodlands involved;

• A tree location plan must be drawn up at a suitable scale to ensure all the trees, groups, areas and woodlands can be located;

• Copies of the TPO must be served on the owners and occupiers of the land where the trees are located;

• The order must must be made available for public inspection;

• Any objections or representations received within a required 28-day period must be considered.

• The TPO must be formally confirmed, usually within six months, for it to remain in force permanently.

In order to ensure a new TPO is robust and fully defensible in the event of being challenged, it is good practice to have a systematised method os assessing a tree's suitability for inclusion in a TPO. The so-called TEMPO system (Tree Evaluation Method for Protection Orders) was developed for this purpose and an adapted version of that system, including full instructions on its use and a downloadable data sheet, can be found by following the links below.