Trees, TPO’s and Pruning

Trees are majestic additions to our properties, but sometimes they require maintenance or removal. In the UK, however, there are regulations in place to protect these valuable assets. Before reaching for the chainsaw, it’s crucial to understand Tree Preservation Orders (TPOs) and pruning guidelines.

This guide will shed light on these regulations. Particularly how to identify protected trees, and the process for obtaining permission for necessary tree work. Let’s ensure your project is both legal and tree-friendly!

If you’re planning to build an extension which affects any trees (either your own or your neighbours). Then it’s useful to know what the rules are under TPO and pruning so that you can:

• Allow extra time for your project if tree preservation is going to be a significant hindrance
• Consider alternative solutions before work’s begun if tree preservation prevents extension work altogether
• Avoid any potential fines

Why Are Trees So Important?

Trees are more than just beautiful additions to our landscapes. They play a significant role in protecting the environment and enhancing our well-being.

While many people might not realise this, trees offer countless health benefits.

Here are key advantages of preserving trees:

• Air Purification

Trees play a vital role in air purification, especially in urban areas of the UK. They absorb carbon dioxide, a greenhouse gas responsible for global warming, and release oxygen, thereby improving air quality.

This process not only benefits human health but also contributes to mitigating climate change impacts.

• Carbon Sequestration: Trees act as carbon sinks, helping to reduce the concentration of CO2 in the atmosphere.

• Pollutant Filtration: They filter pollutants such as particulate matter and harmful gases, enhancing the quality of the air we breathe.

• Climate Regulation

In the UK, trees are essential for climate regulation, particularly in urban settings. They provide shade that reduces the urban heat island effect, where cities experience higher temperatures than their rural surroundings.

This cooling effect lowers energy consumption for air conditioning during hot weather, contributing to energy efficiency and reducing carbon emissions.

• Energy Conservation: Shade from trees reduces the need for cooling buildings, thus lowering energy usage.

• Temperature Moderation: Trees help maintain more comfortable temperatures in urban environments, benefiting both residents and wildlife.

• Biodiversity

Trees in the UK support biodiversity by providing habitats for a diverse range of wildlife, even in urban environments.

They create ecosystems where birds, insects, and other species can thrive, contributing to the overall health and resilience of local ecosystems.

Other benefits include:

• Flood Mitigation

Trees absorb rainwater, reducing stormwater runoff and the risk of flooding.

• Mental Health Boost

Spending time around trees reduces stress and anxiety, promoting better mental health.

• Physical Health Enhancement

Trees encourage outdoor activities like walking and exercising, which are great for physical well-being.

• Allergy Relief

Certain trees can trap allergens, reducing their presence in the air and providing relief for allergy sufferers.

• Cooling Effects

Trees provide natural shade, which can help mitigate the urban heat island effect and offer respite for those sensitive to heat.

In addition to these benefits, trees create shaded areas perfect for relaxation and social gatherings, enhance curb appeal, and can even increase property value when well-maintained.

Understanding the multifaceted benefits of trees underscores their importance in sustainable urban planning and environmental conservation efforts across the UK.

Investing in tree preservation and planting initiatives not only enhances urban landscapes but also improves public health and quality of life for residents.

Pruning the branches of a neighbours overhanging tree is considered a criminal offense if the tree is protected by a Tree Preservation Order.

– Yoop Architects

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What is a Tree Preservation Order (TPO)?

A Tree Preservation Order (TPO) is a powerful tool used by local authorities in the UK to protect specific trees, groups of trees, or woodlands. A TPO makes it illegal to cut down, top, lop, uproot, or willfully damage a tree without written consent from the local planning authority.

Here’s why TPOs matter:

• Protect the Environment: TPOs safeguard trees that play a crucial role in the local environment, preventing their unnecessary removal.
• Enhance Public Enjoyment: Trees that provide significant public enjoyment through their beauty or shade are often protected.
• Conserve Areas: In conservation areas, every tree enjoys protection under a TPO, preserving the area’s natural charm.

Here’s what a TPO means for you:

• Restrictions on Works: TPOs typically prohibit cutting down, uprooting, topping (removing the upper crown), lopping (removing large branches), wilfully damaging, or wilfully destroying a protected tree.
• Importance of Permission: If you have a tree with a TPO on your property and it requires pruning, felling, or any other works, you’ll need to obtain permission from your local planning authority before proceeding.

How Do I Know If My Tree Has a TPO?

There are a few ways to determine if a TPO is in place for a tree:

• Check Your Local Council Website: Most local councils have online resources where you can search for trees with TPOs within your area. They might have interactive maps or downloadable lists.
• Contact Your Local Planning Authority: You can directly contact your local planning authority‘s planning department to inquire about TPOs on your property.
• Look for a TPO Marker: Sometimes, a physical marker or plaque might be attached to the tree itself, indicating it has a TPO.

What do I do if a tree’s protected by a TPO?

You can still apply for permitted development/planning permission. However,  if your project will affect trees protected by a TPO. If applying for permitted development, then you will also need to submit an ‘Application for Tree Works’ form (see ‘Consent under Tree Preservation Orders’ for more info). If full planning permission has been granted. Obviously, you still might need to apply or give notice to your local planning authority before carrying out work to protected trees. Afterwards check with the local authority to see what’s required.

Avoid hefty fines by understanding TPO and Pruning Rules

Tree Preservation Orders (TPOs) exist to safeguard valuable trees. But what happens if you prune or chop down a protected tree unknowingly? The consequences can be severe. Damaging or destroying a TPO-protected tree is a criminal offence. Here’s the breakdown:

Maximum fine for destroying a TPO tree: £20,000
Fine for Un-Authorized TPO tree work: Up to £2,500

In extreme cases, you could even face trial in Crown Court and an unlimited fine. Don’t let a landscaping mishap turn into a financial burden. Always check for TPOs before any tree work and prune responsibly following recommended guidelines.

What if a tree’s not protected by a TPO?

If there’s no TPO in place and you’re not in a conservation area. Then you are allowed to cut down a tree that’s wholly on your property. However, if a tree/hedge is located on a shared boundary then you’ll need to reach an amicable solution with your neighbour. The local authority in unlikely to intervene in any dispute. See ‘Resolving Neighbour Disputes’ for more information.

Working on Trees with TPOs: Obtaining Permission

If your tree has a TPO and requires pruning, felling, or other works, you’ll need to apply for permission from your local planning authority. Here’s the general process:

• Application Form: Locate the application form on your local council’s website. It will typically ask for details about the tree, the proposed works, and justification for the work.
• Supporting Evidence: Depending on the extent of the work, you might need to include supporting evidence like a tree survey report from a qualified arborist.
• Fees: There might be a fee associated with submitting a TPO application. Check with your local council for details.
• Processing Time: Allow sufficient time for your application to be processed. This can typically take several weeks.

TPO and Pruning Considerations: Planning Applications & Tree Surveys

Local planning authorities have a statutory duty to consider the protection of trees. When planning applications are made (regardless of whether the trees are covered by a TPO or not). This means that if there are any trees on the site or nearby that could be affected by the proposed works. Then the local council will ask for a tree survey and report under ‘BS 5837:2012 Trees in Relation to Design, Demolition and Construction – Recommendations’ to be submitted with the planning application.

The BS5837 tree survey identifies any trees in or near the build site plus their size, age, quality, health, root protection area. Moreover, future potential growth and shade footprint. Once the tree survey has been produced, ‘Arboricultural Impact Assessments’ and ‘Arboricultural Method Statements’ need to be created.

Arboricultural Impact Assessments (AIA)

Assesses the likely impact of the building works on the trees

Arboricultural Method Statements (AMS)

Recommendations as to which trees could reasonably be felled to facilitate the build and suitable measures to protect those remaining

What’s an arboriculturalist?

An arboriculturalist (or arborist) is a professional in the care and management of trees – particularly trees in landscape and amenity features. In gardens and parks or other populated settings where they are for the enjoyment and benefit of the public.

What’s the difference between an arboriculturalist and a tree surgeon?

The main difference is the education/qualifications of each profession. After that, their areas of expertise have a slightly different focus. Furthermore, a tree surgeon is skilled at safely pruning, felling and removing trees. An arboriculturalist is more like a tree doctor. Mainly skilled in understanding the properties and ecosystem of the tree as well as the trees interactions with and impact on its environment.

Unfortunately, there are individuals who refer to themselves as arboriculturalists/arborists without any training. The International Society of Arboriculture has developed a certification program that gives the individual the distinction of being called a Certified Arborist.

The local planning authority requires the input of a trained arboriculturalist for the Arboricultural Impact Assessments. Furthermore, Arboricultural Method Statements.

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Pruning Trees

Finally, let’s take a look at what rights you have with regards to pruning trees. In case you need to clear any overhanging branches or troublesome roots to make way for your dream extension

Tree Preservation Orders- TPO and Pruning

If a tree is protected by a Tree Preservation Order (TPO), it is a criminal offence to prune it. Tree Preservation Orders (TPOs) safeguard valuable trees. Often requiring permission for pruning or removal under TPO and Pruning. It doesn’t matter if it’s your own tree or a neighbours tree. Certainly, the branches are overhanging into your garden/the roots are in the way of your foundations.

Any work on a tree protected by a TPO requires written consent from the local planning authority. You don’t have to own the tree(s) to apply for consent. But it is good practice to let the owner know what you are proposing.

Pruning Your Neighbours Tree (No TPO)

If a tree is on your neighbours property, you are allowed to cut back overhanging branches and/or roots up to the limit of your property. Any cut branches/roots/fruit/flowers from the tree, remain the property of the neighbour. However, you’re not allowed to throw the cuttings into your neighbours garden. This could be deemed to be fly tipping of garden waste. Best practice is to ask the owner if they’d like the cut branches returned.

You are not allowed to go into a neighbour’s garden without permission to cut a tree back. Or lean over into their garden to cut back the ‘offending’ branch you will be trespassing. If you cut a branch back beyond the limit of your property you could be liable for damage or trespass.

Who should pay for pruning costs?

The tree owner has a responsibility to make sure that their tree is in a healthy and safe state. However, they are not responsible for stopping it from growing over the boundary of their property.  Furthermore, do not have to cover costs to have the tree pruned. If it is a large task that requires hiring a gardener/tree surgeon. Then you could talk to your neighbour about the possibility of cost-sharing but they are not obliged to pay anything.

Who do boundary trees belong to?

If a tree is planted on the border line between properties. Then you should check your Property Title Documents to see if these give ownership to one property. If not, you both share the duty to maintain the trees. Moreover, they should not be cut down without prior consent from both owners.

What if a neighbours tree is blocking my light?

The Rights of Light Act 1959 states that if a property has received daylight for the last 20 years. Besides this, they may be entitled to continue to receive that light. This means that if your neighbour has large trees which restrict the daylight your property receives. Therefore, you may be able to apply to the courts for your daylight to be restored. However, there is no right to direct sunlight.

What if a neighbours tree is blocking my view?

You do not have any right to a view which is obscured by trees. You also do not have a right to not see an undesirable feature. Similarly, if your neighbours trees were blocking an eye-sore and the neighbour decides to get the trees removed, you don’t have a say.

If you have any questions about planning an extension and potential issues with trees.  Or just questions about creating your dream home in general. Go ahead and book a free call below with Yoop.

Beyond TPO’s and Pruning: Seeking Permission for Tree Removal

By understanding TPO and pruning techniques, you can ensure your tree care project is both legal and beneficial for your greenery. Remember, a healthy tree is a happy tree, and a happy tree can add beauty and value to your property for years to come.

However, if your dream renovation absolutely necessitates removing a protected tree, don’t despair! The guide also explores the process for applying for permission from the local authority. While this may involve a bit more legwork, it ensures responsible tree management. Additionally, paves the way for a successful project that respects both your needs and the environment.

Coexistence for a Sustainable Future

Understanding TPOs and proper pruning practices allows us to coexist harmoniously with trees, ensuring their continued contribution to a healthy environment. Whether your tree has a TPO or not, prioritize responsible care and seek professional help when needed. Together, we can create a more sustainable future, one tree at a time.

How Yoop Architects Can Help with Trees, TPOs, and Pruning

We are well aware of the fact that trees are part of the homes that make up much of what is beautiful and shaded, as well as the great benefits they can bring to the environment. Development of properties, extensions, or even home improvements make it very tedious in managing trees, especially those that have Tree Preservation Orders. This is the area that we are proficient in.

Our Services for Tree Management and TPO Compliance

1. TPO Consultation- Know the restrictions on your property.

Before making any changes to the trees on your property, it is essential to determine whether they are protected by a Tree Preservation Order (TPO) or if your home is in a Conservation Area. At Yoop Architects, we help homeowners by:

• Conducting preliminary site assessments to check if any trees fall under a TPO.
• Liaising with local planning authorities to confirm tree protection status.
• Advising on legal requirements and the best course of action to avoid penalties.

2. Planning & Applications for Tree Works

Any pruning, felling, or major work done to a protected tree requires prior approval from the local council. Our assistance covers:

Application Assistance: we prepare and submit requests for tree pruning, removal or maintenance, ensuring compliance with legal regulations. 

Justification Reports: Where a tree poses a structural risk or health hazard, reports are compiled in support of the application for work approval. 

Appeal Support: Should your application be declined, we shall assist with the appeal process, presenting strong, evidence-based cases to local authorities.

3. Projects for Existing Trees

Trees can be a wonderful profit for your property. A smart design can actually allow one to incorporate trees into the house extension or garden landscaping instead of removing them. Our architects and designers focus on:

Keeping old trees within extension layout plans so as to maintain some character and green on the property.

Innovating environmental designs that keep tree presence, therefore optimizing the new spaces. 

Ensuring the retention of trees through the help of arborists and landscape experts in a safe and sustainable manner.

 Final Thoughts

With great beauty and ecology, trees need the greatest care and a lot of responsibility, especially if the tree is protected under a Tree Preservation Order (TPO). Given this, it is very important to know and follow the proper legal procedure in respect of any tree works to avoid being fined or delaying the project. 

Yoop Architects can assist with orchards, home extensions, or any other project that requires clarity in dealing with related laws. Our competence in dealing with planning permission, tree integration into design solutions, and TPO application makes your project smooth sailing. 

For expert opinions on tree management in your house project, liaise with Yoop Architects immediately to get your property improvement in check with legal and environmental standards!