Planning

Tree Preservation Orders

Applications to Undertake Tree Works: Changes from 6 April 2008

The Government will introduce new forms (known as 1APP) from 6 April 2008 (it is anticipated that the mandatory start date for their use with Tree Applications will be October 2008: in the meantime applications can be made using the new 1APP form, the current SHBC form, or in writing to the Tree Officer).

The new forms are available from this page, and will be accepted as an application from 19 February 2008 in hard copy, and via the Internet (Government Planning Portal) from 4 March 2008.

If you experience any difficulties regarding the 1APP form for Tree Works, please contact the Planning Portal via email (see above for the Planning Portal Website), or by telephone (Support Line) 0117 372 8200.

Tree Preservation Orders and other restrictions on tree works.

Trees may be protected under planning law in three ways; by a Tree Preservation Order (TPO) or because they are located within a conservation area or by a restrictive Planning Condition. This protection makes it an offence to wilfully damage or wilfully destroy a tree without the planning authority's permission. Consequently council's permission is required before any works like pruning, felling or disruption to the roots can be carried out to protected trees.

Tree Preservation Orders; to undertake work to a tree subject to Tree Preservation Order it is necessary to obtain the consent of the Local Planning Authority which is Surrey Heath Borough Council.

Applications for consent to undertake works to a tree subject to a TPO must be via the Government Planning Portal as an online submission, in writing or use the downloadable application form with this link.

Trees within Conservation Areas, to undertake works to trees within a conservation area it is necessary to give the Local Planning Authority which is Surrey Heath Borough Council 6 weeks notice of your intent. This only applies to trees with a stem over 75mm in diameter measured at 1.5 metres above ground level.

Trees subject to a planning condition; to carry out works to a tree which are the subject of a restriction detailed in a planning condition it is necessary to obtain the consent of the Local Planning Authority which is Surrey Heath Borough Council.

In addition to the restrictions imposed by planning law, Trees to be felled may require a felling licence. If you intend to fell any tree or trees that will amount to over 5 cubic metres of timber you may require permission from the Forestry Authority - part of the Forestry commission. This doesn't apply to trees within gardens.

To contact the Forestry Commission use this link. www.forestry.gov.uk.

Trees Frequently Asked Questions

What is a Tree Preservation Order (TPO)?

A Tree Preservation Order is a legal order made by local planning authorities to preserve important trees, groups of trees or woodlands that have a public amenity. It is illegal to cut down, prune, or otherwise damage a tree (this includes the roots) protected by a TPO without the Council's consent. Upon receipt of your written application, the Council will endeavour to make a decision within 3 weeks of the registration date. Delays may occur when applications are unclear or lack sufficient information. Prior to a decision being made, a Tree Officer will inspect the tree(s) and may seek further information from you. The unauthorized lopping or felling of a tree is a serious criminal offence and can result in a fine of up to £20,000. TPOs are mostly made by the Council when trees are under threat of being cut down or damaged.

How does being in a conservation are effect trees?

A Conservation Area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve. Trees often make an important contribution to the appearance of Conservation Areas and so are given special protection. 6 weeks notification is required for the pruning or felling of any tree within a Conservation Area with a stem over 75mm in diameter (as measured at 1.5m above ground level). The Council will send a written decision on the proposed tree work to the applicant. The Council will either raise no objections, or if the proposed work is considered unsuitable and the tree is of public amenity, the Council will make the tree(s) the subject of a Tree Preservation Order. The penalties for not giving notice of felling or lopping of trees in Conservation Areas are the same as for unauthorized works to trees protected by TPO.

How do I report illegal work to protected trees?

Call the Councils Contact Centre 01276 707100 and a customer service adviser will take the details and pass them to an officer. Or email development.control@surreyheath.gov.uk

Who is responsible for the maintenance of Trees subject to TPO?

The owner of a tree is responsible for its maintenance if a tree is subject to TPO as is the case if a tree is not subject to TPO. However before any work to a tree subject to TPO is carried out:

How do I find out who owns a tree?

The owner of the land which a tree is rooted is the owner of that tree. If a tree is on the boundary of two privately owned properties the deeds to those properties should be referenced to establish the property boundaries. If the tree is on a piece of land to which the ownership is unknown it may be necessary to consult the Land Registry which is the government department which keeps records of land ownership use this link at www.landreg.gov.uk.

I think my tree is dead/dangerous - can I remove it?

Any protected tree that is dead and /or imminently dangerous can be removed without the need to submit an application. If a part of a tree poses an imminent danger ie split or hanging limb, that part which poses the danger may be pruned without an application. However, the onus of proof rests with the tree owner. If you plan to remove a tree without an application, and if safe to do so, it is advisable to give the Council five days notice. To do this call the Council Contact Centre 01276 707100. This will give an opportunity for a site visit to check that the tree is dead, dying or dangerous and confirm that it can be removed.

How do I get a copy of a TPO?

A copy of a TPO can be obtained from The Land Charges Department of Surrey Heath Borough Council. The request for a copy of a TPO must be in writing and accompanied by a cheque for £20.

Will the council inspect/prune my tree?

The council does not conduct inspections or tree pruning for private residents. The Council has a list of contractors and consultants who can assist you. This list is obtained from the directory compiled by the Arboricultural Association - the Council or the Association cannot be held responsible for the advice or actions of any companies who are listed.

Before any work is undertaken, check the tree is not subject to Tree Preservation Order (TPO), that it is not in a Conservation Area or the tree is not subject to a restrictive Planning Condition.

To check an address for the above restrictions consult my protected trees for access use this link.

How do I plant a tree?

Details of tree planting are included in information leaflet No.1 to download use this link.

How do I apply for Hedgerow removal?