Tree Preservation Order FAQs

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 makes it an offence to cut down, lop, top, uproot, wilfully damage, or wilfully destroy a tree without first getting permission from us. They are usually made to protect trees that make a significant contribution to a public amenity or area. They may particularly be made when it is felt that a tree may be under threat. 

Town and Country Planning (Tree Preservation) (England) regulations 2012 . 

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 cannot protect hedges, bushes, or shrubs.

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

You can find out if a tree has a TPO by using our map of Protected Trees  or contact our tree team with details of the address, location, and species of the tree. 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, condition, and any damage it causes. However, if you are the owner, you will still need to get permission from us before carrying out most types of work. Details of how to apply can be found here. 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. We strongly advise you to talk to a professional arborist to advise you and undertake any necessary tree work.

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

Yes. When we make a TPO, we will send copies to the owner of the property and any adjoining properties which are affected.

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

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

What happens if you 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 TPO 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 conditions attached to planning permission
• Occasionally, restrictive covenants attached to the deeds for a property may restrict what work can be undertaken to trees