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TPO & Conservation Area Applications

The reason trees are protected is so that tree work gets done properly, so let's start with a tree survey and application.

Need permission to work on a protected tree?

If a tree is protected by a Tree Preservation Order (TPO), or is located within a Conservation Area, you will need to obtain consent or give the local authority notice before carrying out work.

Getting this wrong can lead to delays, refusal or potentially enforcement action.

Wood's Tree Consultancy can assess your trees, advise you on the requirements and prepare the arboricultural information needed to support your application or notification.

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Tree Preservation Orders

A Tree Preservation Order is made by a local planning authority to protect individual trees, groups of trees or areas of woodland that provide significant amenity value.

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If a tree is protected by a TPO, most work that would affect the tree's roots, branches or appearance will require the appropriate consent before it is undertaken.

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We can establish what protection applies to your trees and advise on the work that is likely to be appropriate.

Conservation Areas

Trees (and even shrubs) within Conservation Areas can also receive protection with another type of protection called a conservation area..

Unlike a TPO application, the process for carrying out work to a tree in a Conservation Area generally involves giving the local authority advance notice of the proposed works. Usually if an application for work to trees within a conservation area are refused, then the local authority must place a Tree Preservation Order (TPO) on the tree.

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There are a couple of variations to a conservation areas, so let us help establish what applies to your trees and prepare the appropriate documentation.

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What can we help with?

We can provide advice and applications for a wide range of tree works, including:

  • Crown reductions;

  • Crown thinning;

  • Crown lifting;

  • Deadwood removal;

  • Removal of damaged or dangerous branches;

  • Tree removal;

  • Pollarding;

  • Structural pruning;

  • Other appropriate arboricultural works.

The recommended works will depend on the condition, structure, location and objectives for the tree.

We assess the tree before recommending the work

Our approach is not simply to submit an application for the work you request.

We assess the tree and consider:

  • Its species;

  • Its condition;

  • Its structural characteristics;

  • Its location;

  • Its relationship with buildings and other structures;

  • Its contribution to the surrounding area;

  • Potential safety issues;

  • The reason for the proposed work;

  • Whether alternative work may achieve the same objective.

Where appropriate, we can recommend a more proportionate solution that addresses the problem while retaining as much of the tree as possible.

Preparing your application

We can prepare the arboricultural information needed to support your application, including:

  • Tree identification;

  • Tree condition assessment;

  • Description of proposed works;

  • Arboricultural justification;

  • Tree photographs;

  • Supporting plans where required;

  • TPO application information;

  • Conservation Area notification information.

We can also advise on the appropriate wording for the proposed works so that the local authority clearly understands what is being requested and why.

What happens after the application?

Once the application or notification has been submitted, the local authority will assess the proposal in accordance with the relevant legislation and planning considerations. This should take 6 weeks for a conservation area application or 8 weeks for a TPO application, but often it is longer.

We can help respond to arboricultural queries raised by the local authority and, where necessary, advise on alternative works if the original proposal is not considered acceptable.

Don't risk carrying out unauthorised tree work

Protected trees are subject to specific legal controls, which can result in fines of £20,000 per tree. 
If a TPO'd tree is illegally removed before seeking planning permission, the local authority may seek to use the Proceeds of Crime Act 2002 (POCA).

When a developer or homeowner illegally removes a protected tree to make room for a larger building or a higher-value development, local planning authorities can pair the standard planning prosecution with a POCA Confiscation Order.

  • The Mechanism: POCA allows the state to strip criminals of any financial advantages gained through their illegal activity.

  • The Valuation: The court calculates the financial benefit as the difference between the value of the property with the tree intact (meaning a smaller or no house could be built) and the value of the property after the tree is removed and the larger house is built.

  • The Penalty: The offender is ordered to pay a confiscation order equal to that exact financial gain. If they cannot or do not pay, they face an automatic custodial prison sentence, and the debt remains outstanding.

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There was a particularly prominant case of this in Poole a few years ago where a homeowner cut down a protected mature oak tree that blocked light and capped the extension potential of his home. 

The court issued a standard fine but added a massive POCA confiscation order equivalent to the capital appreciation of the house.

So please, instead of removing a tree in advance of planning, especially if TPO'd or within a conservation area, get us involved before you apply for planning permission. There should always be a solution, we cna help find it.

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Before arranging tree surgery, it is important to establish whether the tree is protected and what permissions or notifications may be required.

If you're unsure whether your tree is protected, we can help establish what applies and advise you on the next step.

Need permission to prune or remove a protected tree?

Trees have been around longer than we have, so it is important that we protect them. Local authorities will issue a tree preservation order (TPO) on a tree that they deem worth preserving. This does not mean that it cannot be worked on if it is required, it just means that the work must be done correctly.

Contact Wood's Tree Consultancy for professional arboricultural advice and assistance with TPO and Conservation Area applications.

We can assess the tree, recommend appropriate works and prepare the information needed to help you navigate the process.

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