A Tree Preservation Order (TPO) is an order made by the Local Planning Authority (LPA) in respect of trees. The order makes it an offence to cut down, uproot, prune, damage or destroy the tree or trees in question. A TPO can apply to a single tree, a group of trees or a woodland. TPO's can only apply to trees, they can not apply to bushes, shrubs or hedges (unless the hedge has reverted back to a line of individual trees). The tree under order can be of any size, species or age.

Wokingham District Council's Tree Team is responsible for Tree Preservation Orders, Conservation Area legislation regarding trees and the Hedgerow Regulations. You can contact the Tree Team in the Environmental Services Department about specific tree issues in Wokingham District, telephone (0118) 974 6464 and ask to speak to one of the Tree Officers, or contact The Democratic Services, telephone (0118) 974 6052, email democratic.services@wokingham.gov.uk

WDC may make a TPO if it is deemed that the tree offers amenity value to the surrounding area, and that its loss would have a significant impact on the environment and its enjoyment by the public. To this end, the tree(s) would normally be visible from a public place and would contribute to the landscape in some way. WDC has to justify the placement of a TPO and the tree owner can object against the placement of such an order.

A TPO does not mean that WDC now owns the tree nor does it mean that they are responsible for the cost of its maintenance!

As outlined above a TPO exists to prevent anyone from felling or pruning the tree without the consent of the WDC. This does not necessarily mean that you cant eventually prune or fell the trees, it simply means that you must obtain permission from WDC first.

There are exemptions in the Act which allows a tree owner to carry out some works without such consent. This applies to the removal of dead, dying or dangerous trees or parts of trees. A common example would be the removal of dead wood (dead branches). A tree owner would be prudent to provide WDC with 5 days notice prior to cutting down a tree which they deem as being dead, dying or dangerous; unless such works are required in an emergency. It is the tree owners responsibility to provide proof that the tree was indeed dead, dying or dangerous should this exemption be challenged; hence, it is advisable always to request an inspection by a Local Tree Officer prior to carrying out such felling operations.

Other exemptions include subjects such as works by Utility Companies, trees on Airports, Defence Installations, Planning Permission where granting of full planning permission is implemented which involves removing trees, in the case of fruit orchards (which are periodically grubbed up) To prevent or control a nuisance in the legal sense (you should consult with a solicitor on this one).

If your tree is in a Conservation Area you need to give WDC 6 weeks written notice before you carry out work to a tree. This only applies to trees that are over 75mm in diameter measured at 1.5 metres above ground level. If we don't want you to carry out inappropriate works to the tree in question we must make a TPO. Felling licence Regulations: If you intend to fell any tree or trees that will amount to over 5 cubic metres of timber you may require permission from the Forestry Authority (part of the Forestry commission). This does not apply to trees within gardens.

The courts have powers to fine anyone contravening a TPO. The maximum fines are £20,000 for destroying a tree and up to £2,500 for anyone who does not completely destroy a tree but has carried out some other works without consent. It is no defence for a defendant to plead that they were unaware that a TPO existed on a particular tree unless WDC were the cause of such ignorance.

Once WDC have served the initial notice, any objections to the Tree Preservation Order must be made in writing within 28 days. The TPO must be confirmed by WDC within 6 months for it to become permanent, otherwise it will lapse (the council can confirm it at a later date).

Anyone wishing to carry out works to a tree must make their application in writing, state the reasons for making the application, the works required and make it clear which trees the application relates to. The applicant is under no obligation to complete WDC's own forms. WDC should respond to applications for works within a period of 2 months (8 weeks). Should WDC refuse to grant permission for the requested works the applicant may appeal to the Secretary of State; this should normally be made within 28 days. Appeals can be made in respect of other items such as: conditions imposed with any consent, article 5 certificate, failure for WDC to respond to an application within the 2 months etc.