Trees with Tree Preservation Orders (TPOs), Conservation Areas, and Illegal Tree Felling in the UK
Trees play a vital role in our environment, contributing to air quality, supporting wildlife, and enhancing the beauty of landscapes. In the UK, specific trees are afforded protection through Tree Preservation Orders (TPOs) and regulations within Conservation Areas. This article explores the various laws and legislation surrounding tree cutting in the UK, the importance of these regulations, and how Chigwell Tree Services can assist you in navigating these legal requirements.
Understanding Tree Preservation Orders (TPOs)
What is a Tree Preservation Order (TPO)?
A TPO is a legal order used by local planning authorities to protect trees, groups of trees, or woodlands with significant amenity value. A TPO makes it an offence to cut down, top, lop, uproot, or wilfully damage these trees without the authority’s permission.
The Legal Framework
TPOs are governed by the Town and Country Planning Act 1990 and the Town and Country Planning (Tree Preservation) (England) Regulations 2012. Violating a TPO can result in substantial fines and other penalties.
Applying for Consent
If you need to work on a protected tree, you must apply for consent from the local planning authority. The application should detail the proposed work and the reasons for it. The authority will evaluate the application, considering the tree’s health, its environmental contribution, and any potential risks.
Trees in Conservation Areas
What are Conservation Areas?
Conservation Areas are zones designated for their special architectural or historical interest. Trees in these areas are protected to preserve their character and appearance.
Legal Protections for Trees
In Conservation Areas, trees with a trunk diameter greater than 75mm at 1.5 metres above ground level are protected. You must give your local planning authority six weeks’ notice before carrying out any work on these trees. This allows the authority to decide whether to place a TPO on the tree.
Illegal Tree Felling
Illegal tree felling is the unauthorised removal, topping, lopping, or wilful damage of protected trees. Offenders can face significant legal consequences, including unlimited fines and potential imprisonment.
Recent Case Studies
In 2020, a property developer was fined £50,000 for illegally felling TPO-protected trees in a Conservation Area, highlighting the serious nature of these offences.
The Role of Chigwell Tree Services
Expert Guidance and Support
Navigating TPO and Conservation Area regulations can be complex. Chigwell Tree Services offers expert guidance to ensure compliance with all legal requirements, including:
TPO Applications: We assist in preparing and submitting detailed applications for consent.
Conservation Area Notices: We handle the notification process for tree work in Conservation Areas.
Tree Surveys: We conduct professional surveys to assess the health and condition of your trees.
Emergency Response
In emergencies where trees pose an immediate risk, Chigwell Tree Services provides prompt response services, ensuring legal compliance while addressing safety concerns.
The Importance of Compliance
Environmental Impact
Complying with tree protection laws preserves environmental benefits such as biodiversity, carbon dioxide reduction, and landscape aesthetics.
Legal and Financial Risks
Violating tree protection laws can lead to severe penalties, including unlimited fines and legal fees. Non-compliance can also affect property values negatively.
Qualifications for Tree Felling
Importance of Qualifications
Proper qualifications are essential for ensuring that tree felling is carried out safely, professionally, and in accordance with legal requirements. Holding the necessary qualifications is not only a matter of competence but also a prerequisite for obtaining insurance coverage, which is crucial for legal and financial protection during tree work.
Necessary Qualifications
To legally and safely fell trees, tree surgeons should possess the following qualifications:
National Proficiency Tests Council (NPTC) Certification: NPTC offers various qualifications, including chainsaw operation and tree felling, which are essential for demonstrating proficiency in tree work.
Lantra Awards: Lantra provides training and certification for tree surgery and arboriculture, ensuring that tree surgeons are well-versed in industry standards and best practices.
First Aid Training: First aid training is crucial for ensuring immediate response to accidents during tree work, enhancing safety for both workers and the public.
Insurance: Public liability insurance is indispensable for covering any potential damage or injury caused during tree work. Insurance companies typically require proof of relevant qualifications before issuing coverage.
Without these qualifications, tree surgeons cannot obtain the necessary insurance, making it illegal and highly risky to undertake tree felling operations.
Environmental Legislation
Wildlife and Countryside Act 1981
This act protects rare or endangered plants, wild birds, and other animals. The Conservation of Habitats and Species Regulations 2017 offers further protection for European protected species and their habitats.
Hedgerow Regulations 1997
These regulations protect important hedgerows in England and Wales, recognising their biodiversity importance under the Natural Environment and Rural Communities (NERC) Act 2006.
Other Controls on Tree Felling
Other Controls on Tree Felling
Trees with TPOs and those in Conservation Areas require permission from the local planning authority for any felling activities.
Timescales for Permissions
It is advisable to allow three months for a felling licence application to be reviewed, with potential extensions if additional information is required.
Penalties for Illegal Felling
From January 2023, illegal felling can result in unlimited fines and imprisonment. It is crucial to seek professional advice before commencing any tree work.
Steps to Take Before Tree Work
Conduct a Tree Survey
Chigwell Tree Services offers professional tree surveys to assess tree health and inform necessary work while ensuring legal compliance.
Apply for Necessary Permissions
If your tree is protected, apply for the necessary permissions before proceeding with any work. Our team can assist with this process.
Plan for Safe and Legal Tree Work
Chigwell Tree Services ensures safe and legal tree work, complying with all regulations to protect both trees and the environment.
Conclusion
Understanding and complying with TPO and Conservation Area regulations is vital for protecting the environment and avoiding legal consequences. Chigwell Tree Services provides expert guidance to help you navigate these complex regulations. From tree surveys to emergency response services, we are here to help you manage your trees responsibly and legally. Contact Chigwell Tree Services today to learn more about our services and how we can assist with your tree-related needs.
Frequently Asked Questions (FAQs)
You can check with your local planning authority or search the local land charges register. Your solicitor should also inform you of any TPOs when you purchase a property.
Yes, anyone can request a TPO. You should provide the location and reasons why the tree should be protected. The local planning authority will assess your request and make a decision.
Yes, you must give your local planning authority six weeks’ notice before felling or working on a tree in a Conservation Area. This allows the authority to decide whether to place a TPO on the tree.
Typically, it takes up to eight weeks to receive permission for work on a protected tree. For trees in Conservation Areas, you will usually receive a decision within six weeks.
We provide expert guidance on applying for TPO consents, notifying authorities about Conservation Area tree work, conducting professional tree surveys, and ensuring all tree work complies with legal requirements.