Conservation and Urban Design Planning - Tree Preservation Orders

What is a tree?

This may seem a silly question, but the term is not defined in the legislation. In 1980, a High Court judge held that 'Anything which ordinarily one would call a tree is a "tree"'!

Tree Preservation Orders

Tree Preservation Orders (TPO) can be used to protect trees and woodlands that have 'amenity value'. This means that they enhance the landscape, and their removal would spoil the public's enjoyment of it. This might be because of their natural beauty, or because they hide ugly buildings such as factories or warehouses. Because of this, tree preservation orders will usually only be granted if trees are visible from public areas, such as a road, footpath or park. The Council will assess whether a tree or trees warrant protection in any particular circumstances.

Trees that are protected by Tree Preservation Orders may not be cut down, uprooted, topped, lopped, damaged or destroyed without the planning authority’s permission. It is a criminal offence to carry out work on a protected tree, with a maximum penalty of £20,000 for destroying the tree, or £2,500 if the tree is damaged but not destroyed.

There are some exceptions made for trees that are dead, dying or dangerous. However, it is the responsibility of the owner to prove that the tree was indeed dead, dying or dangerous, so it is advised to give the council at least 5 days notice before undertaking the work, unless it is an emergency. The owner may also be required to plant a replacement tree in the same location.

Trees in Conservation Areas

Trees in conservation areas are also given some protection. Before carrying out work on a tree in a conservation area, you must give the council six weeks notice to consider the tree in question and decide if a Tree Preservation Order is warranted.

As with Tree Preservation Orders, exceptions are made for dead, dying or dangerous trees, and also for trees that have a stem diameter of less than 75mm, measured at 1.5 metres up from the ground.

Is my tree protected?

To find out if a tree is protected, please use our Interactive Online Mapping service. (this is a link to our GIS Mapping system. Maps may take some time to load if using a slower connection. Help and Accessibility)

Work on protected trees

If you have a protected tree on your property (either because it is covered by a TPO, or because it is in a conservation area), and you would like to carry out work on it, you must apply for written permission. You will need to provide photographs of the tree, and describe the proposed work.

application forms and guidance notes

Hedgerows

Some hedges in the countryside are protected by the Hedgerow Regulations, which aim to conserve hedges considered important, for archaeological, historical, environmental or landscape interest. It is a criminal offence to remove hedgerows that are considered 'important'. If you are considering removing a hedgerow, you must notify us, showing location plans of the hedges and give reasons for removing the hedge.

application forms and guidance notes

High hedges

Part 8 of the Anti-Social Behaviour Act 2003 gives South Derbyshire District Council power to deal with complaints about high hedges. Provided you have tried and exhausted all other avenues for resolving your hedge dispute, you will be able to submit your complaint about a neighbour's evergreen hedge to the Environmental Health section of the District Council. More about High Hedges

Some advice for private tree owners

• Always contact the Local Authority to ensure that the trees are not protected by a Tree Protection Order, planning constraints or that the tree is within a Conservation area.
• Always employ a suitable trained professional Tree Surgeon, who is covered by Public Liability Insurance. (Always ask for proof).
• Never employ house callers or leaflet droppers claiming to be professional tree surgeons.
• Reputable Tree Surgeons will always have some form of professional identification and qualification proof. Always ask to see it.
• Reputable Tree Surgeons can be found in the Yellow Pages or contact us for further advice (a list of appropriate contractors is kept by the service).

Supplementary Planning Guidance on Trees and Development

External Links

Further information about Tree Preservation Orders is available in the DCLG (formerly ODPM) website:

Tree Preservation Orders: a guide to the law and good practice (external link)

Contact Details

South Derbyshire District Council
Planning Services
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Tel: 01283 228706
Email: planning@south-derbys.gov.uk

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