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Protected Trees

Tree Preservation Orders

Under the provisions of  'section 197' of the Town and Country Planning Act 1990 the Council has a duty to protect selected trees and woodlands in the interest of 'amenity'.  Because the Council is seeking to protect trees and woodlands in the public interest, the selected trees or woodlands should provide a reasonable degree of public benefit.  Other special factors such as significant historical or commemorative importance and the ecological value of trees will also be taken into account.

 

In identifying trees and woodlands for inclusion in new Tree Preservation Orders [TPOs] the Council is moving towards a more pro-active approach where resources are directed towards those trees that make the greatest contribution to public amenity. The Council will continue to consider ad-hoc requests and these will be evaluated in accordance with current government guidance and arboricultural good practice. To ensure that Council resources are used effectively, the level of threat to trees, for example from felling or lopping or development pressure, will remain an important factor in considering whether to make a TPO.

 

The term "Tree Preservation Order" suggests to the layman that the tree or trees are "preserved" for all time. This is not the case and is, of course, impossible; trees have a finite life and will require attention at some time in their life, especially in urban areas or near to property. The TPO ensures that the local authority, as an independent party, has a measure of control over the fate of the tree to ensure that only appropriate works are carried out and that, where appropriate, the tree is replaced at the end of its life. Any tree protected by a TPO that is rendered dangerous e.g. by storm damage or disease can be made safe without formal consent from the local planning authority. Tree owners or arboricultural contractors are however encouraged to write to the Council to put any exempt tree works on record.

 

The Council will not normally make TPOs on trees that it is responsible for managing unless the trees fulfil the above requirements and are under threat from a third party.

                                                                                             

What is a Tree Preservation Order (TPO)?

A TPO is a legal document made by the Council to protect individual trees, groups of trees or woodlands.  It controls the type and extent of pruning work that can be done to specific trees.

 

The TPO comprises about 10 pages of detailed information explaining how the order works and landowners' rights, together with a plan showing the position of the protected trees and a list (the First Schedule) which provides a written description of the trees and their location.

 

You can check whether or not the trees on your property are protected by a TPO by using the Council's Tree Preservation Orders Register.

 

Tree Work Applications - changes to the tree preservation order legislation

As of 1 October 2008, there will be a number of amendments to the Tree Preservation Order Regulations implemented by Act of Parliament. The effect of this will be that all applications for works to protected trees will have to be made on a standard government form – 1APP TPO application form - item 31. Details on how to make applications are available online via the planning pages of our website: www.fareham.gov.uk/council/departments/devcontrol/howtoapply.asp or at the civic offices.

Please note that:

 

  • The form must be completed in its entirety
  • A separate plan is now mandatory and must clearly identify the position of the protected trees to be worked upon in relation to adjacent roads, boundaries and buildings as well as providing a clear indication of the locality and the direction of north. You may still submit hand drawn plans but you are strongly urged to use Ordnance Survey (O/S) based plans. Plans that contain errors, such as incorrect location of trees, will be invalidated. If such errors come to light during the site visit your application may well be invalidated until such time the correct information can be supplied. O/S based maps can be purchased from the Council at the civic offices.
  • The works must be clearly specified and any crown volume or height reduction, thinning, branch shortening or crown lifting must be described by quantity such as length or percentage, or pollarding to a particular height or back to previous points of reduction, or secondary points etc.
  • You must include proper reasons for the works. Statements such as “In the interests of good arboricultural practice and amenity” or “For reasons of safety” will no longer be acceptable on their own. Reasons could include works intended to improve light percolation to the garden or property, to maintain the tree's size or even to reduce leaf debris. If it is for safety then explain specifically what the problems are, e.g., to remove a split branch from over the garden or road.
  • Where requests are made to remove trees because it is claimed that they are diseased, or unsafe in any way, the application must also be accompanied by appropriate supporting arboricultural information such as a report that identifies the problems. For simpler more obvious problems you may include this information in the reasons as noted in the preceding paragraph. In cases of damage such as subsidence appropriate engineering, arboricultural and site assessment reports must be attached to the application at the time it is made.

If any information is missing, or not in the required format, your application may be invalidated. The Department for Communities and Local Government (DCLG) advises that:

"Any application not made on the standard form, or that is incomplete, or fails to include the required information - will be invalid."

 

Where possible Fareham Borough Council will be as flexible as possible. Felling for reasons of a tree's poor condition or in relation to damage such as subsidence will now require a greater level of information. The only time works are in the interests of good arboricultural practice is when removing defective parts to avoid the tree causing itself greater damage and even then this is more often done for safety.

 

New Appeals Procedure

 

One of the primary reasons behind these changes is that the government is also introducing a new fast track procedure for dealing with TPO appeals (including appeals against tree replacement notices). The appeal decision will be made on the basis of the application originally made to the local planning authority, together with any third party comments received at that time and following a visit to the site by an appointed Inspector. Where appropriate, the appeal would be handled by an Inspector with suitable arboricultural expertise. Therefore no additional written information will be considered by the inspector so you must submit all important information at the outset, as you will not have a further opportunity to put your case forward.

 

For additional information you can download a copy of the statutory instrument setting out the changes from the Department for Communities and Local Government www.communities.gov.uk/planningandbuilding/planning/treeshighhedges/

 

 

Conservation Areas

There are 13 Conservation Areas in the Borough. The Council exercises additional controls to protect trees within them due to the contribution they make to the character of such areas. Anyone wishing to carry out works to a tree within a Conservation Area must give the Council six weeks written notice of their intentions.

 

Forestry Commission

In some cases licences must be obtained from the Forestry Commission before

trees are felled.  This does not apply to trees in gardens and it would not normally apply to most of the tree work carried out by the Council.  If in doubt contact the Forestry Commission.

 

For more detailed information and guidance on protected trees the Council has produced a series of Tree Advice leaflets which are available from this office or in pdf format (see below).

The Council has also produced a leaflet entitled 'Buying a Tree with a House in the Garden' (254 Kb) An image of a PDF logo which offers advice to prospective homeowners regarding the implications of owning protected trees.

 

If you would like any further information please contact the Arborist within the Department of Planning and Transportation on Tel: 01329 236100 or e-mail conservation@fareham.gov.uk.

 

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