Tree Preservation Orders
The Council have the power to take legal action against anyone contravening a Tree Preservation Order under Section 210(2) of the Town and Country Planning Act 1990, which provides that anyone found guilty of these offences is liable, if convicted in the magistrates’ court, to a fine of up to £20,000.
In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. Section 210(3) provides that, in determining the amount of fine, the court shall take into account any financial benefit which has resulted, or is likely to result, from the offence.
There is also a duty requiring the replacement planting of any tree removed, uprooted or destroyed in contravention of an order.
You will have to replant:
- if you cut down or destroy a protected tree
- if we give you permission to cut down a protected tree but make replanting a condition of its consent
- if you have felled a tree in breach of a TPO, or because the tree was dead, dying or dangerous (and you didn't give us at least five days notice).
We have legal powers to ensure that you plant a replacement tree when required.
If I see work being carried out on a protected tree, how can I find out if they have permission?
- ask the landowner or contractor carrying out the work to show you a letter or other document from us which grants them permission to work on the tree
- view the planning history
If you believe that the tree works are unauthorised you should report it to us:
- by completing our online 'report a planning enforcement breach' form
- by contacting us directly via phone or email
This will initiate an investigation by council officers.
If the works are ongoing you should contact us urgently - an officer may be able to attend quickly enough to prevent further work taking place.