What happens if you breach a tree preservation order?

The Council have the power to take legal action against anyone contravening a Tree Preservation Order under Section 210(2) of the Town and Country Planning Act 1990, which provides that anyone found guilty of these offences is liable, if convicted in the magistrates’ court, to a fine of up to £20,000.

What happens if you ignore a tree preservation order?

It is a criminal offence to cut down, lop, wilfully destroy or damage a protected tree without the council’s consent. The council can prosecute you for breaching a TPO.

What happens if I cut a tree with a TPO?

If a tree or trees are subject to a TPO then the owners may not carry out or allow the carrying out of any of the prohibited activities without the written consent of the local planning authority. Broadly, if the breach is likely to lead to the tree being destroyed, the offence is subject to an unlimited fine.

Does planning permission override tree preservation order?

If planning permission is granted for a development, and the work will involve felling or working on protected trees, then the planning permission overrides the TPO. This is because the TPO will have been considered by the planning authority at the time the permission was granted.

Who is responsible for trees with preservation orders?

Owners
Owners remain responsible for trees covered by tree preservation orders, their condition and any damage they may cause. But the authority’s permission is usually required before any work is carried out to the trees (see questions 11-14).

Can you cut back a tree with a preservation order?

A Tree With A TPO If you do have a tree or a garden that is subject to a TPO, then you are unable to cut down the tree. Especial care should be taken of any trees that are growing in hedgerows. These trees may appear to be part of the hedge, but should not be excessively trimmed, lopped or topped.

Who is responsible for a tree with a preservation order?

Can I cut back a tree with a TPO?

A Tree With A TPO If you do have a tree or a garden that is subject to a TPO, then you are unable to cut down the tree. Every effort must be made by the landowner to ensure that the tree remains healthy and well looked after. Especial care should be taken of any trees that are growing in hedgerows.

Can you trim back a tree with a preservation order?

We have a duty to protect trees in the borough and those which are particularly important are protected by Tree Preservation Orders (TPOs). These orders make it an offence to remove, prune or damage protected trees even if they are on private land.

Do I need permission to cut back a tree?

Many trees are protected by tree preservation orders which means that, in general, you need the council’s consent to prune or fell them. In addition, there are controls over many other trees in conservation areas.

Can a tree preservation order be reversed?

The only way it can be removed is by the council. Generally, the main reason a TPO could be removed would be because there was a mistake with the original order and if this was the case, a new order would be required. However, it’s also possible that the TPO could be lifted if the tree is dead, dying or diseased.

Is there criminal liability for breach of a tree preservation order?

Criminal liability is strict for breach of a Tree Preservation Order; however, the general rule is that the liability does not pass to successors in title. As a precaution, it is advised that the details of each individual case are checked carefully. In this case, the protected trees are not evident on the property.

How can I find out if my property has a tree preservation order?

Contact the local planning authority. Details of tree preservation orders will be available for inspection at its offices. An official search of the local land charges register can also be made before you buy a property. This should reveal the existence of an order and whether a property is in a conservation area (see question 18).

What is a tree preservation order in England?

A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands. These Orders prohibit the: of protected trees without the local planning authority’s written consent.

Is it illegal to cut back trees in Dorset?

It was reported on the BBC News website on 26 th September 2019 that a homeowner in the exclusive Sandbanks area of Poole, Dorset has been ordered to pay almost £60,000 for cutting back protected trees outside his £1.2m seaside property to increase its value in breach of two tree preservation orders.

What happens if you breach a tree preservation order? The Council have the power to take legal action against anyone contravening a Tree Preservation Order under Section 210(2) of the Town and Country Planning Act 1990, which provides that anyone found guilty of these offences is liable, if convicted in the magistrates’ court, to a…