Tree Preservation Orders

Tree Preservation Orders (TPO)

A Tree Preservation Order (TPO) is a legally enforceable order made by the Local Planning Authority (LPA) to protect trees and woodland in the interests of public amenity. The power to make a TPO is contained in the Town and Country Planning Act 1990 and the Town and County Planning (Trees) Regulations 1999 and 2008. The principal effect of a TPO is to prohibit the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of protected trees or woodlands unless permission has been given by the LPA.

Why make a TPO?

To prevent the loss of trees that are in imminent danger of being felled or damaged, or where they need to be protected following the granting of planning permission for development provided that they make a significant contribution within the local surroundings. A TPO would not normally be made where the trees are well managed or a management agreement with the Forestry Commission is in place.

What trees can be protected?

All types of trees, including hedgerow trees but not hedges, bushes or shrubs. The Order can protect individual trees, groups, areas or woodlands, where it is considered that they make a significant visual contribution to the locality and are of benefit to the general public.

Making of a TPO

In deciding whether it is expedient to serve an order, the LPA will make an objective assessment of the tree and the impact it has upon the local landscape. Once it has decided that an order is justified it will serve the order on the relevant parties at which time it is possible for support or objections to be submitted within the period allowed, usually 28 days. The order will include a plan and schedule of all trees, areas, groups or woodlands that are protected. 

When does a TPO become effective?

A TPO normally becomes effective when it has been confirmed by the LPA. However, it is often considered necessary to include a directive stating that Section 201 of the Town and Country Planning Act applies to create a provisional order that provides immediate protection and is valid for up to six months. If a provisional order is not confirmed within the six months it will lapse and the trees will no longer be protected.

If there are no objections to an order it will be confirmed by the LPA without further consultation, but where objections are made these will be considered by Committee before a decision is taken whether to confirm the order or not. An order can be confirmed with or without modification.

What does a TPO Control?

A TPO prohibits the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of protected trees or woodlands unless permission has been given by the LPA. This applies to roots as well as stems and branches.

There are some exemptions that do not require permission but it is advisable to consult the LPA or a professional advisor before undertaking any works to trees protected by a TPO.

Penalties

Anyone who commits an act in contravention of a TPO is liable, on conviction in a Magistrates Court, to a fine of up to a £20,000. For a serious offence, a person can be committed for trial in the Crown Court and if convicted, can be liable to an unlimited fine.

District Council Contacts

In Cumbria, the District Councils are the planning authorities who make and enforce TPOs. Please see the contact information for each of the District Councils in Cumbria below.