We now also survey and assess areas of the Borough and make strategic TPO's where possible to include publicly significant, historic or veteran status trees.
How do I know if trees are protected?
Ask us by phoning 0118 974 6464/ 9746477/9746767 and speaking to a member of our Trees and Landscape Team. You can also email the team direct using the following: treesandlandscape@wokingham.gov.uk
Our Trees and Landscape Team can tell you if a tree is covered by a TPO or situated within a Conservation Area. All the Borough's TPO's are mapped on our Geographical Information System - GIS - and are constantly updated.
Please note that the information we supply to this type of enquiry is strictly in respect of Tree Preservation Order and Conservation Area legislation status only. It does not seek to imply ownership of land which should be verified before any works are carried out. It also does not also imply that the Borough Council are in agreement with the proposed works, to which we may consider the inclusion of unprotected trees in a TPO if considered appropriate.
There is no charge made by the Council for supplying a copy of a Tree Preservation Order that protect trees on a property. We can also send an electronic version - PDF format - where requested, to save on paper and reduce postage costs. Should you wish for a copy of a Tree Preservation Order, please obtain details of the site where the tree/s are situated and contact the team by phoning us on 0118 9746464/0118 9746477 or by email: treesandlandscape@wokingham.gov.uk
Caution
Pruning or felling a protected tree can result in prosecution for either the tree owner and/or the person/s undertaking the tree work. If you contractor offers to do the search for you, check that this is confirmed as part of their quotation.
I want to carry out work to a Tree Preservation Order tree - how do I?
You have to apply in writing to us. We will supply an application form for you to complete - see notes below. There is no charge for making an application.
The statutory target for determining TPO applications is 8 weeks. When we get your application we will arrange a visit within this time to look at the tree and talk to you and then make our decision. Further information on completing the form can be found on this TPO Guidance Information Note.
The principal effect of a Tree Preservation Order is to prohibit the:
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Cutting down,
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Uprooting,
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Topping,
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Lopping,
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Wilful damage, or
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Wilful destruction
...of trees without our - the Local Authority’s - permission. The cutting of roots, although not expressly listed, is potentially damaging and so, in the Secretary of State’s view requires the Local Authorities consent.
Usually if you get permission to fell a protected tree we will make it a condition that you plant a new one in its place.
Appeals against the Council's decision for refusals of permission to remove or undertake work to protected trees
You can appeal to the Planning Inspectorate if you don't like our decision. If you are aggrieved by our decision or by the conditions imposed, you may appeal to the:
The Planning Inspectorate (PINS), The Environment Team, Room 4/04, Kite Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN, by notice in writing within one month of receipt of this decision or any such longer period as the Secretary of State may allow.
View more information on Tree Preservation Order Appeals.
Important
Since 1 October 2008, a new standard, mandatory application form for work to trees protected by a tree preservation order - TPO - has be adopted by all local authorities in England and Wales. An application made in any other manner will not be accepted by the local planning authority and will be returned to the applicant - as we do not have the legal power to determine invalid applications. Please note that only one copy of the application form is required - not three copies as printed on the form.
Applications to undertake work to protected trees can be made electronically through The Planning Portal. The Planning Portal is the UK Government's online planning and building regulations resource for England and Wales.
Are there any exemptions to carrying out work to a Tree Preservation Ordered tree?
There are specific exemptions. You do not need permission to cut back or cut down for the following:
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Where a tree is dead, dying or dangerous
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Where there is an obligation under an Act of Parliament at the request of certain Government departments
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Where granting of full planning permission is implemented which involves removing trees in the case of fruit orchards - which are periodically grubbed up
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To prevent or control a nuisance in the legal sense - please ask a solicitor
Please note that you are not required to complete a full tree work application form to undertake work to a protected tree, when carrrying out work under under an exemption. It would however be advisable to inform our Trees and Landscape Team first before pruning or felling any protected tree under one of the above exemptions, as 5 days written notice to the Council is usually required.
It is helpful if you can take photographic evidence of the tree as we may ask you to provide evidence of the tree's hazardous condition when felling a tree that is considered to be dead/dying or dangerous. These photos can be printed off or sent as an attachment to confirm the tree's hazardous condition to treesandlandscape@wokingham.gov.uk
Are there any other regulations regarding trees?
Trees situated within Conservation Areas
If your tree is in a Conservation Area you need to give us 6 weeks written notice before you carry out work to a tree. This only applies to trees that are over 75mm in diameter measured at 1.5 metres above ground level. If we don't want you to carry out inappropriate works to the tree in question we must make a TPO.
Please use the - TPO works - application form for submitting Formal Notice to undertake works to trees situated within a Conservation Area. There is no charge for making an application.
Whilst there is no legal obligation to give a reason within the Formal Notice for undertaking works to trees, it is helpful to understand why the work is being undertaken and may enable us to progress more quickly.
Felling Licences - Forestry Act 1967
If you intend to fell any tree or trees that will amount to over 5 cubic metres of timber you may require permission - in the form of a Felling Licence - from the Forestry Commission. Felling Licences are not required to remove trees from gardens. For more information on Felling Licences, please speak to the Woodland Officer at the Forestry Commission on 01296 696543. Further information can be found on our 'Felling Licences - Forestry Act 1967' webpage and the Forestry Commission website.
Trees covered by planning conditions
Many planning permissions for new houses or extensions contain conditions which protect trees and hedges. These may include both the existing vegetation and any new landscaping required by the planning permission.
Although the wording may vary, however conditions generally require that you obtain the prior approval in writing of the Borough Council for work to trees or hedges. The purpose of such conditions is to ensure that sufficient trees and hedges remain on the site to retain the character of the area during the transitional period while new landscaping is becoming established.
Planning conditions are usually valid for five years following the completion of the development although in some cases the condition may not specify a time limit at all.
Before starting any work to trees or hedges you are advised to check with Development Management to confirm whether any planning conditions apply to your trees or property.
If you plan to carry out work to a tree or hedge protected by a condition you must complete an application form entitled 'Application for removal or variation of a condition' and forward it along with the appropriate fee to Development Management. Using this form you must state clearly the work you propose and the reason(s) for it. You should also enclose a sketch plan of your property showing the position of the relevant tree or hedge and any other nearby trees and hedges which would help in identifying it easily.
If a tree is to be removed, Wokingham Borough Council normally require suitable replacement planting to be undertaken, so it would be useful to mention any replanting proposals in the same letter. Please include quantity, size and species wherever possible.
If you would like further advice on planning permissions and development control, please speak to the Duty Planning Officer by telephoning 0118 974 6282.
Alternatively you may write to: Development Management, Policy and Partnerships, PO Box 157, Shute End, Wokingham, Berkshire RG40 1WR Telephone 0118 974 6282
Email: development.control@wokingham.gov.uk
Where can I find out more about trees?
Email treesandlandscape@wokingham.gov.uk about specific tree issues in the Wokingham Borough or find out more from the links below:
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