Tree Preservation Orders

Tree Preservation Orders are made to protect trees that contribute to the amenity of the area.

The County Council manages 200 Orders that were made prior to 1974. Following this date the responsibility for making new Orders passed to the District Councils.

Should you wish to carry out pruning works to a tree firstly contact your District Council Planning Department who will be able to tell you if the the tree is protected by a District or County Order or is located within a Conservation Area.

Consent is required before any works are carried out to a tree protected by a Tree Preservation Order, including even minor pruning works.

Application form for consent to carry out work on trees (PDF) - Guidance notes for applicants

Where a tree is dead, dying or dangerous; or the works are in compliance with obligations imposed by or under an Act of Parliament; or the works are necessary for the prevention or the abatement of a nuisance, you may not require formal consent from the County Council to carry out works to your tree. However, it is the responsibility of the person carrying out the works to prove that an exemption applies.

Notice of any proposed works to trees should except in the case of an emergency be given to the County Council not less than five days before any works are carried out.

There is a statutory duty to replace trees which have died or are removed when they have become dangerous unless the County Council dispenses with the requirement to do so.

For full details of the exemptions to the Order please contact the Landscape Officer on 0116 305 7061. Further information on protected trees is given in the free leaflet, “Protected Trees: a guide to tree preservation procedures”, a copy of which can be downloaded from the Communities and Local Government Department website

It is advisable that works to trees should be carried out by a properly qualified and insured treework contractor, who would also be able to give you advice about your trees and help you with the application. A list of contractors approved by the Arboricultural Association is available to download from their website. The County Council can also supply a list of local treework contractors on request.

Any person contravening the provisions of the Tree Preservation Order by cutting down, uprooting or by wilfully damaging, topping or lopping a tree is guilty of an offence and liable on summary conviction to a fine not exceeding £20,000, or on indictment to an unlimited fine

Applications for Tree Preservation Order consent are public documents, and are available to be inspected and commented on by any person. It is important that your application shows clearly what you propose to do.

The following notes are to help you with your application

These guidance notes are also included in the application form PDF

If you have any reports or supporting documents you wish to be considered, you should include them with your application. You are advised to retain a copy of your submission for your own records.

Applicant’s and Agent's details
State your own name, address and daytime telephone number. If you are using an agent to deal with the application all contact will normally be with them at the address and telephone number provided.

The Tree Preservation Order
State the name of the Order. If you do not know the name of the Order, contact the Landscape Officer on 0116 305 7061.

The Trees and the Applicant’s interest in them
State the address or location of the trees. This will normally, but not necessarily, be your own address. State if you own the trees. You do not need to be the owner of a tree to make an application (although you are likely to need the owner’s permission to carry out works to any tree you do not own).

The Application
- Proposed works-Describe the work you wish to carry out. If the proposal is for pruning of any kind you should make clear exactly what work you propose. Your description may refer to particular branches by including a diagram or photograph, or to certain dimensions of a tree, or to a more general thinning or reduction of the crown by a stated amount. If in doubt seek advice from a qualified treework contractor or the Landscape Officer
- Reasons for the work- State the full reasons for your application so that these can be considered against the amenity value of the trees. If your reasons relate to damage to a building you may be requested to provide evidence that damage has been caused by the tree or trees indicated on your application.
- Proposals for replanting-If you have any proposals for replanting, state the type and size of trees and the locations you propose.

Plan
It is important that there is no doubt which trees you propose to work on and all trees must be identified clearly by reference to a plan. The sketch plan should show all the trees on the site as well as any buildings and the site boundaries.

You must sign and date all three copies of the application form, and send them with sketch plans, to the Planning Officer at your local District Council where your application will be registered and then sent to the County Council.

If you have any reports or supporting documents you wish to be considered, you should include them with your application. You are advised to retain a copy of your submission for your own records.

The County Council has a statutory period of two months to determine your application from when your application is received. When the decision is made you will be issued with a Decision Notice.

Tree Preservation Orders

further information