What’s a TPO/Tree Preservation Order? Save yourself a fine!

What is a TPO?

Orders can be lengthy and confusing, luckily tree preservation orders aren’t too hefty and you also have this article that’s condensed all the important information you need to know! TPO’s are important to know about because you could face fines if you damage or chop down a tree with a TPO, yikes… We don’t want you to get caught out.

So, here’s what we’re dealing with. A TPO is an abbreviation for ‘Tree Preservation Order’. This order covers any type of tree regardless of age or species however it does not cover shrubs or hedges or bushes. A TPO can be put on any tree regardless of it’s location, so whether it’s on public, private or personal land. There’s always a good reason for a TPO being in place. Tree’s that qualify for a Tree Preservation Order are any type of tree, groups of trees or woodlands that hold a particular amenity value, make a significant contribution to the community or landscape or to protect the tree from a potential threat (spatial hub). These orders are put in place by the local authority and can only be altered by the local authority.

Can I do anything to a tree with a TPO and Can I get TPO removed?

If you are about to do work on a tree that you’re not sure has a TPO it’s good to know what you can and can’t do just to have yourself covered. The section below will explain how to find out if you have a TPO.

Essentially this order makes it an offence to do anything that is not light pruning to the tree such as Chopping down, lopping, uprooting, thinning or wilful damage to the tree without the permission of the local authority.

So let’s say now you’re aware of TPO’s and you’ve got a tree that needs more than light pruning, you’ve looked it up and it turns out that your tree does have a TPO in place. Is there anyway to get a TPO removed? Again this is up to the local authority but your Tree surgeon can/will apply for it to be removed for you if that’s what you want.

Do I have one, how can I get one and why would I want one?

The easiest way to find out is by writing to your local council, generally the planning department or a tree officer if they have one is best to get in contact with. This can save you time sifting through land registers to see if any trees on your property have one.

So, having a TPO can seem like a lot of legality especially if you need essential work done like a dangerous tree (don’t worry, we’ll get to that later!), so why would you want one? The first point is that if you ever move from your property you know a special tree will always be protected. There is always a valid reason for a TPO being in place. It can also help in a community sense if there are plans for new development due to go ahead that is opposed by the community due to a special amenity such as a historic tree. By putting in a TPO on a tree or group of trees the development company will need to request to remove the trees and the council can approve or deny this but it’s likely that a key part of your community will be protected. (Friends of the Earth, Scottish Planning Series: Planning Circular 1 2011: Tree Preservation orders)

An important note to include is that once a TPO has been granted, ‘within 6 months it can be confirmed or terminated at any time. It can also be modified during this time … If no objections are received after six months, the TPO becomes permanent.’ (Woodlands Trust)

Dangerous Tree with a TPO

What happens when you’re in the predicament of a dangerous tree and a lot of red tape though?

So this is where it can get a little bit complicated, there are certain exemptions laid out in a TPO for this situation however it varies on the circumstances. Either way you will end up needing to write to your council.

As a rule of thumb, If the tree is an urgent, serious safety risk it’s generally advised to book in the work however you must give written notice by email or letter to your council with a minimum of 5 days notice.

However… There have been cases where immediate work has been needed due to safety and people have documented all the evidence to support this and in most cases classes as an exemption for breaking a TPO. This is because it is ‘urgently necessary in the interests of safety’. This is stated in the Exemptions section (36) of the Scottish Planning Series: Planning Circular 1 2011: Tree Preservation orders. If you are unsure It’s best to double check with your local council. If you don’t have time to do this in regards to safety, we’d advise to take photos of all the evidence as you can use this later to explain why you needed to do it.