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Tree Preservation Orders (TPOs)

What do Tree Preservation Orders do?

The principal effect of a Tree Preservation Order is to prohibit the:

  • Cutting down,
  • Uprooting,
  • Topping,
  • Lopping,
  • Wilful damage, or
  • Wilful destruction

 

...of trees without the Council'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.

Thsi is necessary to protect trees that are under threat and thought to have public interest i.e. the tree/s can be clearly seen from a public place such as a road or a footpath.

How do I find out if a tree has a tree preservation order on it?

Ask us by phoning 0118 974 6503 / 6000 and speaking to a member of our Tree and Landscape Team. You can also email us at: 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. Find out more details on our New Tree Preservation Orders page.

I want to carry out work on a Tree Preservation tree, how do I go about it?

You have to apply in writing to us. We will supply an application form for you to complete - see notes below. 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.  

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. You can appeal to the Secretary of State if you don't like our decision. 

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.

Important information when applying to carry out works on a tree

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. 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 website. The Planning Portal is the UK Government's online planning and building regulations resource for England and Wales.

Works that can be carried out without requiring permission

There are specific exemptions. You do not need permission to cut back or cut down for the following:

  • Where a tree is dead, dying or dangerous

  • Where there is an obligation under an Act of Parliament at the request of certain Government departments

  • Where granting of full planning permission is implemented which involves removing trees in the case of fruit orchards - which are periodically grubbed up

  • To prevent or control a nuisance in the legal sense - please ask a solicitor

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 also 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. 

Please note that you are not required to complete a full tree work application form to undertake work to a protected under an exemption.

Other regulations involving works to trees

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.

 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 681381/681181. Further Information can be found on the Forestry Commission website.

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