A TPO is an order made by a Local Planning Authority (LPA) in respect of trees, which in general terms makes it an offence to cut down, uproot, prune, damage or destroy the tree or trees without the planning authority's permission.
What is the purpose of a TPO?
To protect trees that make a significant impact on their local surroundings and whose loss would have a significant impact on the environment and its enjoyment of the public.
What type of trees can be protected?
A TPO can apply to a single tree, a group of trees or woodland, and can include hedgerow trees. The trees do not necessarily have to be of a certain species, size or age.
Is the Council responsible for protected trees?
No, the owner remains responsible for the trees, their condition and damage they may cause. The TPO ensures the retention of the tree within the landscape and provides the Council with greater control over its future management.
Will the Council pay or contribute towards the cost of any works?
Unfortunately not. East Lindsey District Council can however provide free advice and guidance on the tree's management.
What tree work is prohibited under a TPO, without consent?
A TPO prohibits the
cutting down
uprooting
topping
lopping
wilful damage, or
wilful destruction
of trees (including roots) without the formal consent of the LPA.
How can I apply for consent?
Prior to applying to do works to a TPO Tree it is important to discuss the work with the Council first, as we can offer advice on the appropriate management of the tree, and the most appropriate works. If you have discussed this with us you can apply by downloading the TPO tree works application form
What happens once I have applied?
Once a completed application has been received by the Local Planning Authority, it will be added to the register of applications. A letter of acknowledgement will then be sent to the applicant, explaining the procedure and when they can expect a decision.
How long does the process normally take?
The council has a period of 8 weeks to determine the application from the date of registration. We will endeavour to inform you of our decision in writing within this period. YOU MUST NOT CARRY OUT THE WORKS UNTIL YOU HAVE RECEIVED A LETTER OF CONSENT.
If I remove a protected tree, having gained consent, do I need to plant a replacement?
Yes, you would normally be required to plant a suitable replacement tree, to the satisfaction of the Council.
What would happen if I carry out works to a protected tree without permission?
The courts have powers to fine anyone contravening a TPO. The maximum fines are £20,000 for destroying a tree and up to £2,500 for anyone who does not completely destroy a tree but has carried out some other works without consent.
Please note that it is no defence for a defendant to plead that they were unaware that a TPO existed on a particular tree.
Are there exemptions to the need for the LPA's consent prior to undertaking works to TPO Trees?
Yes, there are a number of exemptions to the need for the LPA's consent. Probably the most important exemption is where a tree is dangerous, although this is only where the tree is immediately dangerous. If relying on this exemption you are advised to inform the Council as soon as possible, and to retain evidence of the need for this work. Where possible, consult the Council prior to undertaking the work to avoid the possibility of legal action.
If you have any further questions or would like to discuss any aspect of Trees within Conservation Areas, please contact East Lindsey District Council on either 01507 601111 or trees@e-lindsey.gov.uk
