Applying for Works 

If you wish to carry out work on a tree protected by a Tree Preservation Order (TPO), you must submit a formal application. The easiest and recommended way to do this is by using the Planning Portal , where you can access and complete the tree works application form online. Alternatively, you can download the standard tree works Application Form  and either email the completed form to trees@fareham.gov.uk or post it to: Fareham Borough Council, Civic Offices, Civic Way, Fareham, PO16 7AZ.

The application requires a full and clear specification (detailed description) of the proposed tree works, in line with the TPO application Guidance Notes . Best practice advice can be found in the British Standard 3998: Tree Work – Recommendations .

It is a criminal offence to lop, top, cut down, uproot, wilfully damage or destroy a tree covered by a TPO or a tree situated within a Conservation Area. Before starting work on any tree, we strongly recommend that you check its status with us by using our Map Of Protected Trees  or emailing the details, including the location and a description of the work you wish to carry out.

We offer pre-application advice to tree owners. For further information please contact the tree team on 01329 236100 or e-mail trees@fareham.gov.uk. The Council's tree team can provide you with details of the tree work contractors we use under our tree maintenance framework and a list of approved contactors is also available on the Arboricultural Association's  web site.

There are certain circumstances when you can carry out work to a protected tree without first seeking our permission. These include:

• If the tree is dead or dangerous. The danger must be present and the onus will be on you to prove this if the facts are questioned. You must let us know if you plan to carry out any work on this basis at least five days in advance so that we 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 work is absolutely necessary to implement a detailed planning permission. This does not apply to an outline 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 it is a fruit tree 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.

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

• You obtained permission but a condition requiring a new tree to be planted was attached to the permission
• 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 in a woodland)
• In most cases where the Forestry Commission grants a felling licence.