How To Find Out If A Tree Has A Tpo

Accessibility and Brandish Options

Protected trees

Local Authorities have powers to brand tree preservation orders (TPOs) to control piece of work undertaken to copse that make an important contribution to the local surface area. Trees within conservation areas take a level of protection like to trees which are covered past a TPO. If works to protected trees are needed, an application must be made to u.s. on a standard tree works awarding form External Hyperlink . In line with best practice advice in the "British Standard 3998: tree work – recommendations" and TPO applications guidance notes, a full and clear specification (detailed description) of tree works will exist required. We cannot validate applications that present crown reduction works specified in percentage terms. To avoid ambiguity, the specified end consequence should be stated either as the tree-height and branch-spread which are to remain or the average equivalent in branch length reduction (in metres) and maximum diameter of live pruning wounds. You should specify finish results or individual branches if the growth blueprint of the tree creates a need for this or where clearance from a specified object is required (see Para vii.7.2 of BS 3998:2010).

You can see a copy of the "British Standard 3998:2010 tree work – recommendations" online at the British Standards Plant. Once a valid application has been received and registered, adjoining land owners will be consulted. We may identify public notices locally and volition take any views or representations into account. Some works may exist decided by officers. If the awarding involves the felling of a protected tree or is controversial, information technology volition be referred to the planning committee.

Carrying out work on a protected tree

It is a criminal offence to lop, top, cut down, uproot, wilfully damage or destroy a tree covered by a TPO unless we accept permitted the work. Before starting work on any tree, we strongly recommend that you check its status with us by emailing details, including the location and a description of the work you wish to carry out. Nosotros offering pre-application advice to tree owners. For further data please contact the tree team on 01329 236100 ext. 4442 or email trees@fareham.gov.u.k.. In some circumstances yous may need to get a felling licence from the Forestry Commission earlier felling trees, though this is unlikely to employ to a normal domestic garden.

On this page, nosotros aim to answer mutual questions nigh TPOs and conservation areas. If you plan to fell trees that are non in a residential garden, look at the Forestry Commission website for information on felling licences.

Tree Preservation Orders FAQs

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is an lodge made by a local planning authority, such as Fareham Civic Council, which makes it an offence to cut downwards, lop, pinnacle, uproot, wilfully impairment or wilfully destroy a tree without offset getting permission from us. They are usually made to protect trees that make a meaning contribution to a public amenity or area. They may particularly be made when it is felt that a tree may be under threat.

What types of tree can be covered by a TPO?

All types of copse, 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?

Contact our tree squad with details of the accost, location, and species of the tree or use the Map of Protected Trees. When you lot 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 harm it causes. However, if y'all are the owner, you will still demand to get permission from us before carrying out almost types of work. Tree work is a dangerous and highly skilled performance and trees are complex living structures which are easily damaged by poor quality or unsympathetic tree piece of work. Nosotros strongly advise you lot to talk to a professional tree surgeon or arborist to advise you and undertake any work needed.

Tin you recommend a good tree surgeon?

Hampshire has a tree maintenance framework with a listing of tree surgeons that we utilize so please contact our tree team for advice on choosing an arborist.

How do y'all get permission to work on a tree covered by a TPO?

If y'all wish to comport out work to a tree protected by a TPO you must brand an application on the standard application form. Y'all can do this in writing to Fareham Borough Quango, Civic Offices, Borough Style, Fareham, PO16 7AZ. For an electronic version of the standard tree works application course and guidance notes, you tin visit the Planning Portal External Hyperlink . Applications not made on the standard application grade cannot exist accepted and will be returned to y'all. Y'all must include a program showing exactly which copse you lot wish to prune, although this need non be to scale. Y'all must also indicate exactly what sort of work yous wish to deport out and the reasons why. Certain types of work will also need appropriate supporting documentation. For case, if you give the reason for work as beingness condom or damage to belongings yous will demand to provide evidence of this. You can notice data virtually supporting documentation in the guidance notes for the standard application grade. Nosotros will write to ostend receipt and registration of your application. We volition consider information technology and let y'all know our decision within 8 weeks.

If you lot are refused permission can you entreatment?

Yes. If your application is refused or if you practise not receive a determination within 8 weeks, you tin entreatment to the Planning Inspectorate who volition consider your appeal on behalf of the Secretary of Country. We will ship you details of how to appeal along with the decision observe. You may also appeal if we grant permission subject area to sure conditions. During the appeal process the information y'all submitted along with your application and our comments will exist advisedly considered past an contained inspector.

Can you go bounty if your application is refused or weather are fastened?

There are express circumstances where you can make a claim for compensation if you are refused permission to carry out work to a protected tree or conditions are attached.

If yous wish to make a claim for bounty you lot should write to us within 12 months of our decision or inside 12 months of the Secretary of Land's decision if you appealed.

Will y'all be told if a TPO is fabricated on a tree on my property?

Yes. When nosotros make a TPO, nosotros volition send copies to the owner of the belongings and any adjoining properties which are afflicted.

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

To object to a new TPO or to express your back up for information technology, write to u.s.a. within the time allowed, usually 28 days later on the lodge has been made. We will consider your comments when deciding whether or non to ostend the TPO.

Protected trees in general

When can you prune a protected tree without permission?

There are sure circumstances when you tin can carry out work to a protected tree without kickoff seeking our permission. These include:

If the tree is dead or unsafe. The danger must be present and the onus will be on yous to prove this if the facts are questioned. It is skillful practise to allow us know if y'all plan to acquit out work on this basis at to the lowest degree five days in advance so that nosotros can agree with you which copse are dead or dangerous. Removal of dead forest from an otherwise healthy tree is considered to be covered by this exemption
If you are obliged to acquit out work by an Deed of Parliament. Most ordinarily, this applies to trees overhanging a public highway where you accept an obligation to maintain reasonable clearance above the road. This commonly equates to 2.5m higher up a footway or 5.5m above a vehicular carriageway
Where work is absolutely necessary to implement a detailed planning permission. This does not apply to an outline permission or to permitted development rights
If the tree is a fruit tree and yous clip it in accordance with good horticultural practice, or if it is a fruit tree in a commercial orchard
If the work is to be carried in accord with a Forestry Commission grant scheme or if a felling licence has been granted by the Forestry Commission.

Might yous accept to constitute a replacement tree?

If you cut down or destroy a protected tree you will have to plant a new 1 if:

You did so in breach of a TPO or without notifying your intention in a conservation surface area
You did so because the tree was dead or dangerous (except if in a woodland)
Y'all obtained permission only a condition requiring a new tree to be planted was attached to the permission
In most cases where the Forestry Commission grants a felling licence.

What happens if you carry out work on a protected tree without permission?

If you deliberately destroy a protected tree or damage information technology in a manner probable to destroy information technology, you could be fined up to £20,000 if convicted in a magistrate'south court. For other offences you lot can exist fined up to £2,500. Furthermore, you will normally have to plant a new tree if the tree was cutting downwards or destroyed.

How else might a tree exist protected?

In addition to TPO and conservation areas there are various other factors which may constrain piece of 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 Style Human activity. This includes bat roosts and the nests of wild birds. If a tree contains a protected habitat work may have to exist delayed or may require a licence from Natural England
Copse may sometimes be protected past conditions fastened to planning permission
Occasionally, restrictive covenants attached to the deeds for a property may restrict what piece of work can exist undertaken to trees.

This web page is a reasonable summary of the legislation affecting protected copse. The data given is brief, express and offered for guidance purposes only. For more information, contact our tree squad on 01329 236100 ext. 4442 or eastward-postal service copse@fareham.gov.britain.

Source: https://www.fareham.gov.uk/planning/trees/protectedtrees.aspx

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