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Protected Trees

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Trees are an important part of our heritage and natural environment. Trees provide many benefits to our communities and Fareham Borough Council has the power to make Tree Preservation Orders (TPOs) to control the work which is undertaken to trees that make an important contribution to the local area. Additionally, trees which fall within Conservation Areas have a level of protection similar to trees which are covered by a TPO.

 

In some circumstances it may also be necessary to obtain a felling licence from the Forestry Commission before felling trees, though this is unlikely to apply to a normal domestic garden.

 

This page aims to answer some common questions about Tree Preservation Orders and Conservation Areas. If you plan to fell trees that are not in a residential garden you should also refer to the Forestry Commission’s website for information on felling licences (this is an external hyperlink).

 

Tree Preservation Orders

 

Conservation Areas

 

Protected Trees in General

 

Tree Preservation Orders

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is an order made by a Local Planning Authority, such as Fareham Borough Council, which in general makes it an offence to cut down, lop, top, uproot, wilfully damage or wilfully destroy a tree without first getting permission from the Council.

 

Tree Preservation Orders are usually made to protect trees which make a significant contribution to the public amenity of an area. They may particularly be made when it is felt that a tree may be under threat.

 

What types of tree can be covered by a TPO?

All types of trees, native and ornamental, including hedgerow trees, may be the subject of a TPO. A TPO can not protect hedges, bushes, or shrubs.

 

How can I find out if a tree has a TPO?

Contact the Council’s Environment and Conservation team based in the Department of Planning and Transportation, with details of the address, location, and species of the tree. They will be able to tell you if the tree is protected. It is also possible to check for protected trees by using the following links to our online TPO Register (simply type in road name) and FarehamMap (which allows different layers, including those of the 'Tree Preservation Order' and 'Conservation Area', to be selected).

 

When you are buying a property the presence of a TPO should be revealed by the search of the local land charges register.

 

Who is responsible for maintaining a tree with a TPO?

The owner of a protected tree is responsible for its maintenance, for its condition and for any damage which it causes. However, they will need to obtain permission from Fareham Borough Council before carrying out most types of work.

Tree work is a dangerous and highly skilled operation and trees are complex living structures which are easily damaged by poor quality or unsympathetic tree work. You are strongly advised to engage a professional tree surgeon or arborist to advise you and undertake any work needed.

 

Can you recommend a good tree surgeon?

Fareham Borough Council is unable to recommend any particular tree surgeon or arborist but we do provide some advice on choosing an arborist

 

How do I get permission to work on a tree covered by a TPO?

If you wish to carry out work to a tree protected by a Tree Preservation Order you must make an application on the standard application form. You can do this in writing, sending your application to Development Control, Fareham Borough Council, Civic Offices, Civic Way, Fareham, PO16 7AZ. Alternatively, for an electronic version of the standard Tree Works Application Form (this is an external hyperlink) and Guidance Notes (this is an external hyperlink), you can visit the Planning Portal (this is an external hyperlink). Please note that applications not made on the standard application form can not be accepted and will be returned to you.

 

You must include a plan showing exactly which trees you wish to prune, although this need not be to scale. You must also indicate exactly what sort of work you wish to carry out and the reasons why you wish to carry out the work.

Certain types of work will also require appropriate supporting documentation. For example, if you give the reason for work as being safety or damage to property you will need to provide evidence of these problems. More information about supporting documentation can be found in the guidance notes (this is an external hyperlink) accompanying the standard application form (this is an external hyperlink).

 

The Council will write to confirm the receipt and registration of your application and will then consider it and let you know their decision within eight weeks.

 

If I am refused permission can I appeal?

Yes. If your application is refused, or if you do not receive a decision within eight weeks, you can appeal to the Planning Inspectorate, who will consider your appeal on behalf of the Secretary of State. The Council will send you details of how to appeal along with the decision notice. There is more information on making an appeal available from the Rights of Appeal page.

 

You may also appeal if the Council grants permission subject to certain conditions.

 

During the appeal process the information you submitted along with your application and the council's comments, will be carefully considered by an independent inspector.

 

Can I get compensation if my application is refused, or if conditions are attached?

There are certain circumstances where it is possible to make a claim for compensation if you are refused permission to carry out work to a protected tree, or if conditions are attached to the permission. The details of compensation arrangements are complex and vary depending on the date on which the TPO was made. You are strongly advised to seek legal advice before making a claim for compensation.

 

Some of the main points relating to TPOs made after 2 August 1999 are:

  • no claim can be made if the loss or damage suffered amounts to less than £500
  • no compensation is payable for loss of development value or other diminution in the value of land
  • no compensation is payable for loss or damage which, bearing in mind the reasons given for the application for consent (and any documents submitted in support of those reasons), was not reasonably foreseeable when the application was decided
  • no compensation is payable to a person for loss or damage which was (i) reasonably foreseeable by that person, and (ii) attributable to that person’s failure to take reasonable steps to avert the loss or damage or mitigate its extent
  • no compensation is payable for the costs incurred in bringing an appeal to the Secretary of State against the council’s decision to refuse consent or grant it subject to conditions

 

If you wish to make a claim for compensation you should write to Fareham Borough Council within 12 months of their decision or within 12 months of the Secretary of State's decision if you appealed.

 

Will I be told if a TPO is made on a tree on my property?

Yes. When the Council makes a TPO it will send copies to the owner of the property and any adjoining properties which are affected.

 

Does a new TPO take effect immediately?

The Council may include a clause in a new order, known as a ‘section 201 direction’, the effect of which is to make the order take immediate effect. Fareham Borough Council will invariably include a section 201 direction in new TPOs, which therefore take affect immediately.

 

A new TPO must be confirmed within 6 months of being made, otherwise it will lapse. Owners of affected properties will also be notified when the TPO is confirmed.

 

How can I object to, or express support for, a new TPO?

To object to a new TPO, or to express your support for it, write to the Fareham Borough Council within the time allowed, usually 28 days, after the order has been made. The Council will consider your comments when deciding whether or not to confirm the TPO.

 

Conservation Areas

What is a Conservation Area?

A Conservation Area is an area designated by the Local Planning Authority, such as Fareham Borough Council, because of its special character. This is usually done because of the special architectural or historical importance of an area.

Find out more about Conservation Areas in Fareham

 

How do Conservation Areas affect trees?

Within a Conservation Area all trees have a level of protection similar to trees covered by a Tree Preservation Order.

 

What must I do if I want to work on a tree in a Conservation Area?

Before working on a tree in a Conservation Area you must give the Council six weeks notice in writing of your intention to carry out the work. You should include details of the exact location of the tree, usually indicated on a plan, along with details of the species and exactly what work you wish to do. Send your notification to Development Control, Fareham Borough Council, Civic Offices, Civic Way, Fareham, PO16 7AZ. A tree works application form (this is an external hyperlink) and tree works guidance notes (this is an external hyperlink) are available to download and it is recommended that you use these.

 

The Council will then consider the impact of the proposed works on the character of the Conservation Area and local public amenity. If you have heard nothing within six weeks, or if you have received a letter letting you know that the work is acceptable, you may go ahead with the work. If the work is deemed to have an unacceptable impact the Council may make a TPO to protect the tree further.

When can I prune a tree in a Conservation Area without notifying the Council?

All the exemptions listed for protected trees in general apply to trees within a conservation area. In addition, there is no need to provide notice of your intention to work on trees that:

  • Have a stem diameter of less than 75mm (approx 3 inches) measured at 1.5m (approx 5 feet) above ground.
  • Have a stem diameter of less than 100mm (approx 4 inches) measured at 1.5m above ground and are being pruned or felled to help the growth of other trees.

 

Protected Trees in General

When can I prune a protected tree without permission?

There are certain circumstances when you can carry out work to a protected tree without first seeking permission from the Council, these include:

  • If the tree is dead, dying or dangerous. The danger must be present and the onus will be on you to prove this if the facts are questioned. It is good practice to let the Council know that you propose to carry out work on this basis at least 5 days in advance so that they can agree with you which trees are dead or dangerous. Removal of dead wood from an otherwise healthy tree is considered to be covered by this exemption.
  • If you are obliged to carry out work by an Act of Parliament. Most commonly, this applies to trees overhanging a public highway where you have an obligation to maintain reasonable clearance above the road. This usually equates to 2.5m above a footway or 5.5m above a vehicular carriageway.
  • Where the work is absolutely necessary in order to implement a detailed planning permission. Please note that this does not apply to an outline planning permission or to permitted development rights.
  • If the tree is a fruit tree and you prune it in accordance with good horticultural practice, or if the tree is a fruit tree situated in a commercial orchard.
  • If the work is to be carried in accordance with a Forestry Commission grant scheme or if a felling licence has been granted by the Forestry Commission.

 

Might I have to plant a replacement tree?

If you cut down or destroy a protected tree you will have to plant a new tree if:

  • You did so in breach of a TPO or without notifying your intention in a Conservation Area
  • You did so because the tree was dead, dying or dangerous (except if the tree was in a woodland)
  • You obtained permission but a condition requiring a new tree to be planted was attached to the permission
  • In most cases where the Forestry Commission grants a felling licence


What happens if I carry out work on a protected tree without permission?

If you deliberately destroy a protected tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in a magistrate's court. For other offences you can be fined up to £2,500. Furthermore, you will normally have to plant a new tree if the tree was cut down or destroyed.

 

How else might a tree be protected?

In addition to Tree Preservation Orders and Conservation Areas there are various other factors which may constrain work to trees. These include:

  • Felling which involves more than 5m³ of timber, or more than 2m³ if sold, may require a felling licence from the Forestry Commission
  • Many wildlife habitats are protected under the Wildlife and Countryside Act and the Countryside and Rights of Way Act. This includes bat roosts and the nests of wild birds. If a tree contains a protected habitat work may have to be delayed or may require a licence from Natural England.
  • Trees may sometimes be protected by virtue of conditions attached to planning permission
  • Occasionally, restrictive covenants attached to the deeds for a property may restrict what work can be undertaken to trees.

Application form

 

For further information please contact the tree officer in the Department of Strategic Planning and Environment on Tel: 01329 236100 or e-mail conservation@fareham.gov.uk