Protected Trees in the UK

Trees have a crucial part to play in the safeguarding of our wildlife and climate. Trees improve the planet’s wellbeing as well as that of the life that inhabits it. It is important, therefore, that forests are not only restored but also increased.

The UK has just 13% tree coverage, which, when compared with that of other European countries, pales into insignificance. The average percentage of woodland in the EU stands at 35%. In the UK, it’s also a challenge to find the land to double our tree cover and it’s important that the right species are selected too. Doubling tree cover in the UK is one of the aims of Friends of the Earth.

Protecting Existing Trees

As well as aiming to grow more trees across the country, we need to look to protect existing trees. Trees in cities and towns are threatened by urban development. Those in outlying countryside areas are also under threat due to urbanisation and the need for more housing. Fortunately, there are things that we can do to save and protect trees in areas that matter to us.

Tree Preservation Orders

A Tree Preservation Order (TPO) prevents trees from harm. It is a legal order meaning that it would be a criminal offence if a tree is damaged or cut down in any way without specific written consent in advance from the local authority. Essentially, it makes it illegal to fell the tree, to lop it, top it, destroy it or damage it in any way imaginable. The TPO also makes it law that, should a tree be removed without prior consent, it becomes a duty for the tree to be replanted.

The main aim of the TPO is in protecting the appearance and aesthetic coherence of an area (i.e. its ‘amenity value’). Evidently, in the preservation of trees, there are added environmental benefits and so it can be a useful way for people to protect their local environment.

Types of Tree and Preservation Orders

A TPO protects any type of tree. This includes entire woodlands right down to a specific, individual tree. Additionally, even if the tree is privately owned it can still have a TPO if it has public amenity value. TPOs can be granted to protect an area for preservation reasons but they can also be sought in an emergency case such as when a new development may pose a threat in the future. A TPO is not there to protect a specific species of tree as a whole and no species is automatically protected.

Requesting a TPO

There are no restrictions as to who can apply for a Tree Preservation Order. Once they are granted, they are effective immediately. When applying, it is vital that the tree’s amenity value is stressed as well as any documented evidence of wildlife that it supports. This could include whether the tree or trees have been home to bats. If so, there’s also a separate Bat Conservation Trust. It does not matter if you do not own the land where the tree or trees is/are located.

Local authorities usually ask those applying for a TPO to complete a form online or put their request in writing. Such requests need to include the location of the tree(s) that you want to be protected as well as their species and your reason.

TPOs are added to local authority records and registers, which helps in building a picture of different tree species throughout the country. TPOs can influence decisions on town planning. Any development proposals would, therefore, need to take the trees into consideration. Councils can prosecute if protection orders are ignored. The fines are quite significant too. In fact, there is no maximum fine limit.

Breaching a TPO

One such example is the story of Samuel Wilson in Dorset. Wilson cut down some branches of an oak tree with a TPO that was on his land was fined £1,200. However, he was also fined the £40,000 court costs of Local Authority as well as paying £21,000 which was the increase in value to his property by having removed two branches of the tree. A total of £62,200 for two 12-foot branches of an oak tree is pretty significant!

Other Protections

As well as trees, you may be wondering what other protections exist to help restore and protect other green areas. Hedgerows, for example, are protected under the Hedgerows Regulations (1997). A large area that doesn’t quite meet the needs of a TPO might be able to secure protection as a Conservation Area.

Does this tree have a TPO?

If you have a tree on your land that you want to trim or cut down, or you see someone else cutting down a tree, how do you find out if it is subject to a TPO? Firstly, you should check the local council’s website for a map or details. The information is also kept on the government’s data website. If you’ve not managed to find out (and it’s always worth checking given the story of the fine above!), speak to someone in your local council. Local councils should also be encouraged to make this information public by default. Many councils have Tree Officers as a part of their planning department. You could also submit an Environmental Information Request.

Applying to Do Work On Trees with TPOs

If you wish to carry out work on a tree with a TPO it is important that you seek guidance from the LA. You can apply to carry out the works with an application form that is sent to the Local Planning Authority. In support of your application, it is best to seek advice from a tree surgeon before you begin the application.

If a tree does not have a TPO but is in a conservation area, you are still required to give notice to the LPA in writing (this can be an email, letter, or an online form) of work proposals. This proposal must include what you would like to do and it must be submitted six weeks in advance of the proposed start date of the work. This notice is called a "section 211" and allows the authority the opportunity to protect the tree(s) with a TPO if they deem it necessary.

There are a couple of exemptions to trees in conservation areas. If the tree is under 7.5cm in diameter when measured at 1.5m from the ground (or 10cm if you are thinning trees to help with other tree growth). Lots of advice is available in The National Planning Policy Framework on the Planning Practice Guidance area of the Government’s website.

My name is Conner John, marketing manager for GraftinGardeners. We are a highly skilled and professional tree surgery company. Find out more about Tree Surgeons London by visiting our website here.