Tree Preservation Orders
The council has the power to protect trees by making Tree Preservation Orders (TPOs). Tree Preservation Orders make it an offence to top, lop, fell or uproot a protected tree without the council's permission. It also an offence to carry out such works to any tree in a Conservation Area without giving proper notice to the district council.
All types of trees can be protected including hedgerow trees if they have amenity value, but not hedges, bushes or shrubs. The order can cover anything from a single tree to large areas of woodland. Details of existing TPOs are available for inspection at the Council Offices, London Road, Saffron Walden, Essex, CB11 4ER, or you can click here to view an interactive map of tree preservation orders in Uttlesford back to 1949.
Applications for development which will affect protected trees will need to be submitted with a tree survey.
Where a tree is not protected by a TPO and it is under threat from works that are likely to cause it significant damage, you should contact the council's Planning Helpdesk as soon as possible. An assessment will then be made as to whether the tree is of significant enough value for a TPO to be served.
Carrying out work
If you wish to carry out work to a tree protected by a Tree Preservation Order you must apply for permission. There are certain limited exceptions to this, for example, where you need to make a tree or part of a tree safe in an emergency.
From 1st October 2008 all applications for works to preserved trees must be submitted on the prescribed form. All applications will also need to be accompanied by: a plan which identifies the tree or trees to which the application relates; such information as is necessary to specify the work for which consent is sought; a statement of the applicant’s reasons for making the application and appropriate evidence describing any structural damage to property or in relation to tree health or safety, as applicable.
Permission for works to a protected tree will often be subject to conditions attached to that consent. This will usually set a time limit of two years during which time the works must be completed and will also require that the work must conform to the relevant British Standard (BS:3998, 1989 Recommendations for Tree Works). More information about British Standards can be found on the British Standards website.
For a list of approved contractors please contact the Arboricultural Association by telephoning 01242 522152 or by using this link to visit their website:
You can find out more about Tree Preservation Orders in the following:
- The Town & Country Planning Act 1990 (sections 197-214 as amended)
- The Planning & Compensation Act 1991 (section 23)
- The Forestry Act 1967 (as amended)
- The Town & Country Planning (Trees) Regulations 1999.
These are available from the Office of Public Sector Information.
More information and the Good Practice Guide is available from the Department for Communities and Local Government.