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Civic Centre
Burdon Road
Sunderland
SR2 7DN
Tel. (0191) 520 5555
PROTECTED TREES |
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Trees may be protected by either a Tree
Preservation Order or by virtue of being within a Conservation Area. If
either of these is the case it is usually necessary to gain permission
from the Council’s Planning service before carrying out work.
In some circumstances it may also be necessary to obtain a felling licence from the Forestry Commission. Tree Preservation Orders |
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What is a Tree Preservation Order? A Tree Preservation Order (TPO) is an order made by a Local Planning Authority, such as Sunderland City Council, which in general makes it an offence to cut down, lop, top, uproot, wilfully damage or wilfully destroy a tree without first getting permission from the Local Planning Authority. Tree Preservation Orders are usually made to protect trees which make a significant contribution to the amenity of an area. They may particularly be made when it is felt that a tree may be under threat.
What types of tree can be covered by a TPO? All types of trees, including hedgerow trees, may be the subject of a TPO. A TPO can not protect hedges, bushes or shrubs. How can I find out if a tree has a TPO? Contact the Council’s Enforcement Section, with details of the address, location and species of the tree. They will be able to tell you if the tree is protected. When you are buying a property the presence of a TPO should be revealed by the search of the local land charges register. Who is responsible for maintaining a tree with a TPO? The owner of the tree is responsible for maintenance of a protected tree, for its condition and for any damage which it causes. However, they will need to obtain permission from Sunderland City Council before carrying out most types of work. Tree work is a dangerous and highly skilled operation and tree’s are complex structures which are easily damaged by poor or ill advised work. You are strongly advised to engage a professional tree surgeon or arborist to advise you and undertake any work needed. Can you recommend a good tree surgeon? Sunderland City Council is unable to recommend any particular tree surgeon or arborist but we do provide some advice on choosing an arborist. How do I get permission to work on a tree covered by a TPO? If you wish to carry out work to a tree protected by a Tree Preservation Order you must apply in writing to Development and Regeneration Services, PO Box 102, Civic Centre or via the planning portal You must make it clear exactly which tree or trees you wish to prune, which will usually require a sketch plan. You must also indicate exactly what sort of work you wish to carry out and the reasons why you wish to carry out the work. If you have supporting documentation relating to these reasons you should submit this as well. An
Application Form
The Council will write to confirm the receipt of your application and will then consider it and let you know their decision within eight weeks. If I am refused permission can I appeal? Yes. If your application is refused, or if you do not receive a decision within eight weeks, you can appeal to the Government Office, who will consider your appeal on behalf of the Secretary of State. The Council will send you details of how to appeal along with the decision notice. You may also appeal if the Council grants permission but attaches conditions to it. During the appeal process you will have an opportunity to put your case to an independent inspector who will prepare a detailed report for consideration by the Secretary of State. Can I get compensation if my application is refused, or if conditions are attached? It is sometimes possible to make a
claim for compensation if you are refused permission to carry out work
to a protected tree, or if conditions are attached to the permission.
The details of compensation arrangements are complex and vary depending
on the date on which the TPO was made. You are strongly advised to seek
legal advice before making a claim for compensation. Will I be told if a TPO is made on a tree on my property? Yes. When the Council makes a TPO it will send copies to the owner of the property and any adjoining properties which are affected. Does a new TPO take effect immediately? The Council may include a clause in a new order, known as a ‘section 201 direction’, the effect of which is to make the order take immediate effect. Sunderland City Council almost invariably includes a section 201 direction in new TPOs. A new TPO must be confirmed within 6 months of being made, otherwise it will lapse. Owners of affected properties will be notified when the TPO is confirmed. How can I object to, or express support
for, a new TPO?
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Conservation Areas A Conservation Area is an area designated by the Local Planning Authority, such as Sunderland City Council, because of its special character. This is usually done because of the special architectural or historical importance of an area. How do Conservation Areas affect trees? Within a Conservation Area all trees have a level of protection similar to trees covered by a Tree Preservation Order. |
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Before working on a tree in a Conservation Area you must give the Council six weeks notice in writing of your intention to carry out work. You should include details of the exact location of the tree, usually indicated on a plan, along with details of the species and exactly what work you wish to do. Send your notification to Sunderland City Council to Development and Regeneration Services, PO Box 102, Civic Centre Sunderland SR2 7DN or online via The Planning Portal An
application form
The Council will then consider whether or not the tree should be made the subject of a Tree Preservation Order. If you have heard nothing within six weeks, or if you have received a letter letting you know that the work is acceptable, you may go ahead with the work that you notified. If the work is not acceptable the Council will make a TPO to protect the tree further. When can I prune a tree in a Conservation Area without notifying the Council? All the exemptions listed for protected
trees in general apply to trees within a conservation area. In addition,
there is no need to notify your intention to work on trees that: Protected trees in general There are a few circumstances in which
you can carry out work to a protected tree without gaining permission
first. These include: Might I have to plant a replacement tree? If you cut down or destroy a protected
tree you will have to plant a new tree if: What happens if I carry out work on a protected tree without permission? If you deliberately destroy a protected tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in a magistrates court. For other offences you can be fined up to £2,500. Furthermore, you will normally have to plant a new tree if the tree was cut down or destroyed. How else might a tree be protected? In addition to Tree Preservation Orders
and Conservation Areas there are various other factors which may
constrain work to trees. These include:
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