Protected Trees

 

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Introduction 

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.

If works to protected trees are required an application will have to be made to Fareham Borough Council on the standard Tree Works Application form (this is an external hyperlink).  In accordance with the best practice advice published in the current British Standard 3998: Tree work - Recommendations, and in line with the TPO  Applications Guidance notes (this is an external hyperlink) ), a full and clear specification (detailed description) of tree works will be required.

Fareham Borough Council may not validate applications that present crown reduction works specified in percentage terms. To avoid ambiguity, the specified end result should be stated either as the tree-height and branch-spread which are to remain, or the average equivalent in branch length reduction (in metres) and maximum diameter of live pruning wounds. End results should be specified for individual branches if the growth pattern of the tree creates a need for this, or where clearance from a specified object is required (see Para 7.7.2 of BS 3998:2010).

A copy of the British Standard 3998:2010 Tree work - Recommendations can be obtained online from the British Standards Institute (this is an external hyperlink).

Once a valid application has been received and registered, adjoining land owners will be consulted and public notices may be placed locally, any views or representations will be taken in to account. If the application involves the felling of a protected tree the matter may be decided at Planning Committee, other works may be decided by Officers, although particularly controversial applications may also be referred to Planning Committee.

Carrying out work on a protected tree:

It is a criminal offence to cut down, prune or wilfully damage or destroy a tree covered by a TPO unless the Council has permitted the work.  Therefore, before commencing work on any tree, it is strongly recommended that you check the status with the Tree Team by emailing details, including the site location and a description of the work you wish to carry out.

The Council offers pre-application advice to tree owners, for further information please contact the Tree Team on Tel: 01329 236100 ext. 2442 or e-mail conservation@fareham.gov.uk.

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 Environment, 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).

 

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?

Hampshire has a Tree Maintenance Framework with a list of tree surgeons that Fareham Borough Council uses, please contact the Tree Team for 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 where the tree is situated any person whom the Council believes to be entitled to carry out works to the tree.  For example, overhanging branches. 

Does a new TPO take effect immediately?

All new TPOs take immediate effect and the Council have to confirm the order within 6 months of it being made. Owners of affected properties will 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 or dangerous. You are required to provide the Council with written notice of your intention to remove trees which you consider to be dead or dangerous.  In circumstances where works are urgently necessary to remove an immediate risk of serious harm, notice in writing should be provided as soon as practicable.  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 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


Further Information

This web page is a reasonable summary of the legislation affecting protected trees; the information given is brief and therefore limited in extent. This information is offered for guidance purposes only.

 

For further information please contact the Tree Team in the Department of Planning and Environment Tel: 01329 236100 ext. 2442 or e-mail conservation@fareham.gov.uk

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How to get here

Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ

Tel: +44 (0)1329 236100 | Mobile Text/Photo: 07876 131415 | Fax: +44 (0)1329 821770