Tree Preservation Orders

Contact Us

For more information, please contact:

Development Control

Julian Turpin
Tel: 01276 707100
development.control@surreyheath.gov.uk

Surrey Heath House
Knoll Road
Camberley
Surrey GU15 3HD

Applications to Undertake Tree Works

The Government introduced new forms (known as 1APP) from 1 October 2008. An application for consent to the cutting down, topping, lopping or uprooting of any tree subject to a Tree Preservation order can be made in writing to the Local Planning Authority (Surrey Heath Borough Council) using a form published by the Secretary of State for that purpose or can made electronically, on a form published electronically by the Secretary of State. All applications must include:

(a) the particulars specified in the form;
(b) be accompanied, whether electronically or otherwise, by:

(i) a plan which identifies the tree or trees to which the application relates;
(ii) such information as is necessary to specify the work for which consent is sought;
(iii) a statement of the applicant's reasons for making the application; and
(iv) if appropriate evidence describing any structural damage to property or in relation to tree health or safety, as applicable.

To submit online via the Planning Portal use this link Opens in a new window

If you experience any difficulties regarding the online 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 carry out any work to a protected tree or wilfully damage or destroy a protected tree, without the planning authority's permission (Surrey Heath Borough Council). Consequently the Council's permission is required to carry out any works such as pruning, felling or works which disturbs and causes damage to the roots of a protected tree.

Tree Preservation Orders; to undertake work to a tree subject to Tree Preservation Order (TPO) it is necessary to obtain the consent of the Local Planning Authority which is Surrey Heath Borough Council. Applications to undertake work to a tree subject to a TPO must be - on line via the planning portal link below or - in writing using the downloadable form from the link below.

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 six weeks written notice of your intent. This only applies to trees with a stem over 75mm in diameter measured at 1.5 meters above ground level. Notification to undertake work to a tree within a conservation area must be - on line via the planning portal link below or - in writing using the downloadable form from the link below or - in a letter which gives similar information as required to complete the form.

Trees subject to a planning condition; to carry out works to a tree which are the subject of a restriction imposed by a planning condition it is necessary to obtain the consent of the Local Planning Authority, which is Surrey Heath Borough Council, to apply for a variation of the planning condition it is mandatory to use the forms below (fee applies).

To submit an application online Opens in a new window via the Planning Portal use this link
Use this link to obtain a downloadable Application form Opens in a new window Please use help notes below
Use this link for help notes for Completing the form above Opens in a new window
Consult My Protected Trees to check if an address is subject to a TPO condition

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. Opens in a new window

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 completed application form, the Council will endeavour to make a decision within 3 weeks of the registration date. Delays may occur when applications are unclear or if there is a lack of sufficient information. Prior to a decision being made, a Tree Officer will inspect the tree(s) and may seek further information from the applicant. The unauthorised 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 area effect trees?
A Conservation Area is an area of special architectural or historic interest. Making an area a conservation area is intended to protect and preserve the character or appearance of the designated area. Trees often make an important contribution to the appearance of Conservation Areas and so are given special protection. Six weeks written notification is required before 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 has only three options when in receipt of notice to undertake work to a tree within a conservation area. The council can grant consent, allow the 6 week period to expire when the work can be carried out without consent, 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 carrying out unauthorised 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 subject to TPO is responsible for its maintenance, as is the case if a tree is not subject to TPO. However before any work is undertaken to a tree subject to TPO the consent of the local planning authority (Surrey Heath Council) is required:

How do I find out who owns a tree?
The owner of the land on which a tree is rooted is the owner of that tree. If a tree is on the boundary of two properties the deeds to those properties should be referenced to establish the property boundaries. The tree is within the property which contains the majority of the stump. If the tree is on land of unknown ownership, it may be necessary to consult the Land Registry which is the government department that keeps records of land ownership, use this link to go to www.landreg.gov.uk Opens in a new window.

My neighbour's tree is overhanging my garden, can I prune it?
If the tree is subject to a TPO, in a conservation area or subject of a restrictive planning condition you will need to follow the procedures listed above to obtain the consent of the Council to prune any part of the tree, overhanging or not. If the tree is not subject to any restrictions imposed by the council you have a right to prune overhanging parts of a tree back to the boundary of your property but not beyond. It is always advisable to be polite and to inform your neighbour of your intension's to prune their trees and to agree the method of disposal of the prunings which are the property of the tree owner. You cannot enter your neighbour's property without their permission to prune their trees. (The tree owner is not obliged to pay for, or undertake the pruning of limbs overhanging a third parties properties property.)

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 to gain consent of the Council. 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 to gain consent. However, the onus of proof that a tree was dead or imminently dangerous rests with the tree owner. It is often difficult to tell if a tree was dead or dangerous from the stump remaining after felling. 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 the Tree officer an opportunity to make a site visit to check that the tree is dead or imminently dangerous and confirm that it can be removed without consent. If the Tree Officer has not visited the site prior to a trees removal it is a good idea to take a photo of the tree which shows its condition.

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 fee of £20.

Will the council inspect/prune my tree?
The council does not conduct inspections of trees for private residents or supply a tree pruning service. 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), or 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. Opens in a new window

How do I apply for Hedgerow removal?