Protected Trees
A GUIDE TO TREE PRESERVATION PROCEDURES
Local planning authorities have specific powers to protect trees
by making tree preservation orders.
Special provisions also apply to trees within conservation
areas.
This is for the benefit of tree owners, the general public and
amenity groups and answers some of the most common questions about
the tree preservation procedures. It is for guidance only and is
not a statement of the law. You should consult a solicitor if you
are unsure of your legal rights or obligations.
What is a tree
preservation order?
How can I check If a tree has a
preservation order placed on it?
What is the purpose of a tree
preservation order?
What types of trees can be covered
by an order?
If I see work being carried out on a
protected tree, how can I find out if the owner has
permission?
There are trees I think need
protecting. What can I do?
Does an order come into effect
immediately?
How will I know when
a local planning authority makes a tree preservation
order?
How can I object to or express
support for an order?
Does the Council then become
responsible for looking after the trees?
Are there extra
restrictions in a conservation area?
How are trees on
development sites affected?
Can I carry out work on protected
trees which are in the way of a proposed development?Can I stop planning permission being
granted - or prevent approved development being carried out - by
getting a tree preservation order imposed on a tree on the
site?
What if I would like to work
on a protected tree?
What is a tree preservation order?
It is an order made by the Council which in general makes it an
offence to cut down, top, lop, uproot, wilfully damage or wilfully
destroy a tree without the planning authority's permission.
How can I check if a tree has a
preservation order placed on it?
An official
search made before you purchase a property should reveal the
existence of a tree preservation order (or whether your property is
in a conservation area). Make sure your solicitor tells you if any
trees are protected.
If you are not sure contact the Worcestershire Hub on 01562
732928 or contact the Council's
Arboricultural Officer
What is the purpose of a tree preservation
order?
To protect trees for the public's enjoyment. This is particularly
important where trees are in immediate danger.
What type of trees can be covered by an
order?
All types, including hedgerow trees, but not hedges, bushes or
shrubs. The order can cover anything from a single tree to
woodlands.
If
I see work being carried out on a protected tree, how can I find
out of the owner has permission?
Details of
approved works are available at the planning
portal simply add the address of the property to gain
access to the information you require. Failing that contact the
Worcestershire Hub.
There are trees which I think should be
protected. What can I do?
Contact us giving details of the trees, including a map if
possible, and the reasons why you think the trees should be
protected.
Does an order come into effect
immediately?
The Council, if it chooses, make an order which will come into
effect immediately and will continue for six months, or until it is
confirmed, whichever comes first.
When the planning authority confirms the order it can modify it,
for example to exclude some of the trees.
How will I know when a local
planning authority makes a tree preservation
order?
We will write to the owner and other
interested parties serving notice of the making of the order. We
will also leave a copy of the order at a convenient place for
public inspection.
How can I object to or express support for an
order?
If you or anyone else wants to object to or support an order,
contact the Arboricultural Officer within 28 days of the
service of the notice saying why and giving details of the relevant
trees.
The Council will take these comments into account when it decides
whether to confirm the order. If appropriate, it may hold a public
local inquiry.
Does the Council then become
responsible for looking after the trees?
No. The owner remains responsible for the trees, their condition
and any damage they may cause. But they must get our permission
from the Local Planning Authority to carry out work on them, unless
they are dying, dead or dangerous.
Are there any extra restrictions in a Conservation
Area?
See Trees in
Conservation Areas
How are trees on development sites affected?
Trees on development sites can be protected by tree preservation
orders or by conditions attached to the planning permission, or
both. Planning conditions may also require you to plant trees which
may be covered by a tree preservation order. The order will take
effect once they are planted.
Can I carry out work on protected trees which are in the
way of proposed development?
You can only cut down or cut back protected trees if they are
directly in the way of development which is about to start, for
which you have detailed planning permission. Check first with your
local planning authority. It may prosecute you if it thinks you
have cut down or cut back excessively.
If the development does not require planning permission (for
example, putting up a garden shed you must apply to your local
planning authority for permission under the tree preservation order
in the normal way.
Can I stop planning permission being granted
- or prevent approved development being carried out - by getting a
tree preservation order imposed on tree on the site?
No. A tree preservation order will not prevent planning permission
being granted. But a local planning authority will consider the
risk to protected trees when deciding planning applications.
Once planning permission is granted, any felling may be carried out
which is directly required to enable the development to go
ahead.
What if I want to carry out work on a protected
tree?
See Works to Protected Trees
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