East Cambridgeshire District Council

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is a legal instrument made by a local planning authority which in general makes it an offence to cut down, lop, prune, uproot, wilfully damage or wilfully destroy a tree without the planning authority's permission.

Any unauthorised work is a strict liability offence carrying a maximum penalty of £20,000 per tree in the Magistrate's Court, or unlimited if the case is heard in the Crown Court.

The TPO may be made under powers vested in the Council by the Town & Country Planning Act 1990 and the Town & Country Planning (Trees) Regulations 1999. The TPO goes with the land, and unless formally revoked by the Council it never 'runs out' even if the tree that was protected is no longer there. The Council in no way 'acquires' the trees by making a TPO, and a protected tree remains in the care and control of the land owner. One TPO can cover any number of trees, including single trees, groups of trees and woodlands over large areas of land in more than one ownership, so long as those trees, groups and woodlands are specified in the TPO.

The Council can condition new tree planting to replace protected tree(s) or woodland that have been removed. Trees planted as a condition of consent to fell protected tree(s) are not automatically protected by the original TPO. A new TPO or a variation of the original TPO maybe required.

The criteria for making a tree or trees subject to a TPO are closely defined. A TPO may be made for a tree that provides, or will provide in the future, public amenity. For example, this means that a tree that is or will in future be visible from, say, a public road or footpath, may be protected by a TPO.

The legislation that allows the TPO to be made assumes that any tree is 'at risk' since no-one can predict a person's actions and the Council can therefore make a TPO even if there is no apparent threat to the tree. However, not all trees that provide public amenity will be protected as other matters are taken into account. For example, the Council will consider the health of the tree, its shape, its life expectancy, whether it is too close to properties and whether it is managed well by the owner.

How do I find out if a tree is protected?

Contact the Council's Trees Officer, who will be able to advise you.

You can contact our Trees Officer on 01353-665555 or email Customer Services with your enquiry.  Please give precise details of the location of the tree or trees.

Is it an offence to carry out any tree work on a protected tree?

It is an offence to carry out any tree work on a protected tree unless authorised to do so by the Council. Anyone wishing to carry out work on a protected tree must apply using a relevant planning application form, detailing the work, the reasons for it and include a sketch plan to show the location of the tree in question. This is a legal requirement and applications may be considered invalid if the full details are not provided.

Anyone can apply, even if they have no legal interest in the tree in question. Thus neighbours can apply to fell a tree. If the Council is aware of third-party applications, it will seek the comments of the owner. Consent granted to a third party for tree work does not give permission to enter private land without the owner's consent.

If the Council is aware that the owner will not allow someone to trespass, then in the interests of good tree management, it may have no option but to refuse the application. In all cases there is a right to appeal against the Council's decision. An application form for permission to carry out tree works can be downloaded and returned to the Council.

Can a Tree Preservation Order prevent land being developed?

No. A Tree Preservation Order does not prevent planning permission being granted. But a local planning authority will consider the risk to protected trees when deciding planning applications.

Once detailed planning permission is granted, any felling may be carried out which is directly required to enable the development to go ahead.

The Council has policies to consider protecting trees on sites planned for development and it takes this role seriously.