Tree Preservation Orders (TPOs)

Changes to the Tree Preservation Order (TPO) Regulations

On April 6, 2012, new TPO Regulations 2012 came into force. The regulations simplify the process, and all TPOs, regardless of when they were made, will now come under the new regulations.

The principle changes that may affect you are as follows:

• All new TPOs now automatically take immediate effect.

• You must now give us five days' notice in writing, if you intend to do work to a dead or dangerous tree, except where the works must be done without delay to ensure public safety. In this case you must tell us as soon as possible after the works become necessary. A five-day notice has now become mandatory.

• Dying trees are no longer exempt from application. You must now submit an application to prune or remove dying trees.

• Dangerous trees are exempt from full application only where they are at imminent risk of causing serious harm. Very few trees are likely to come within this category.

• You do not need to apply to remove dead wood from a living tree.

• Consents to carry out works now carry a standard two-year time limit. If works have not been carried out within two years of consent being granted, then a fresh application must be made. This is the same rule that already applies to trees in Conservation Areas.

If you have any queries about the changes to the regulations, please contact us.

Why protect trees?

Trees are worthy of preservation:

• for their natural beauty
• for their contribution to the landscape or
• because they provide a screen.

Tree preservation orders (TPOs) may be made if it is felt that:

• trees are at risk generally from development or
• are at risk for other reasons.

All types of trees, including hedgerow trees can be covered but not hedges, bushes or shrubs.

How do I find out if a tree is covered by an order?

Contact us to find out if your tree is covered by a tree preservation order (TPO).

How do we decide if a TPO is required?

There are three main sets of circumstances under which orders are made:

Trees in conservation areas

When we are notified of works to be carried out on or to fell trees in a conservation area.  We decide if a TPO is needed to protect the tree or trees.

Trees on development sites

When a planning application is received, we consider making a TPO if important trees may be affected.

Trees under threat for reasons other than development

There are various ways in which we find out about  threats to trees:

• Owners of trees who want to fell or carry out works on them may contact us.
• Neighbours with concerns about particular trees may contact us.

How is a TPO made?

TPOs are made and confirmed by our officers under delegated powers. An order takes effect immediately. This means we can protect trees which may be under threat.

Once an order has been made, we will write to anyone who has a right to prune or fell the trees covered by the TPO. This usually means the tree owner, and neighbours where the tree overhangs neighbouring properties. 

Can I make a comment?

Yes.  Comments must be made within 28 days of being notified. These comments will be taken into account when we decide whether to confirm the order.

What happens once a tree is protected?

Once a tree has TPO status it is protected.  Permission will be needed from us to do work to the tree. This includes:

• any pruning (including root pruning) and
• felling.

It is an offence to do works to a protected tree without this permission.

Carrying out works to protected trees

Are there any works that can be done without permission?

Yes.  You can carry out some works to a protected tree without permission as follows:

• Where the tree is dead, or imminently dangerous. This includes the removal of dead wood or dangerous branches from an otherwise sound tree.
• Where works are in compliance with obligations imposed by an Act of Parliament.
• For  works by statutory undertakers, for example Railtrack on their own land.
• For the pruning of fruit trees where the trees are cultivated for fruit production.
• For works to enable a development to take place in line with a full planning permission.

How do I apply to do works to protected trees?

Use the application form for tree works.

Talk to an arboriculturist or tree surgeon about what you want to do first.  This will help you to send us a clear proposal of works. You or the tree surgeon should then fill in the standard application form and submit it:

• by post to Development Services
• by email to development.management@bristol.gov.uk, or
• online through the Planning Portal. This service is free, but you will need to register first.

Dead or dangerous trees

Except in an emergency, you must give us at least five days written notice before you carry out works on a dead or dangerous protected tree. If you take down or do other works to a tree in an emergency, you should notify us in writing as soon as possible after the works become necessary, You could be prosecuted if we think you have carried out unauthorised works.

If you remove a tree because it is dead or dangerous you may be asked to plant another tree that is:

• of an appropriate size and species and
• in the same place as the tree felled.

This should be done as soon as it is possible. Replacements should usually be planted in the first planting season following the removal of the tree. The new tree will have the same legal protection as the tree it replaced.

What happens if I cut down protected trees without permission?

You could be prosecuted.  If convicted, you may be fined up to £20,000 in the Magistrates Court for each tree.

You would also need to replace any tree removed without permission.