Protected Trees and Hedges
Summary
The different ways trees are protected, how to find out if your trees are protected, how to apply to prune or fell protected
trees and the procedure for removing hedgerows.
First choose a question from the list of the most frequent we are asked and go straight to the answer.
Frequently Asked Questions:
Do I need permission to work on my trees?
- Yes, if your tree is protected by a Tree Preservation Order (TPO). If the trees are in a Conservation
Area, you need to formally notify us about the work you want to carry out. Please use the TPO application form provided on
our Planning application forms
page.
- Possibly, if the trees are on the site of a development that took place within the last five years. Work
to the trees may be restricted by the planning permission granted for that development. Before doing anything, you will need
to contact us to check.
- If there are many trees to be felled and they are not part of a garden, then you may need a Forestry Commission Felling
Licence.
What is a Tree Preservation Order (TPO)?
A Tree Preservation Order (TPO) is a special form of control that applies to certain trees. TPOs are almost always used
to protect trees that are visually significant and can be seen from a public place so that they contribute to the look of
a place.
It is illegal to cut down, prune, or damage a tree that is protected by a TPO without the Council’s consent. The unauthorised
lopping or felling of such a tree is a serious criminal offence and can result in a fine of up to £20,000. TPOs are made when
trees which fall into the categories mentioned above are under threat of being cut down or damaged.
For further information, The Department of Communities and Local Government have published the following booklet on TPO's:
Is there a Tree Preservation Order on my tree?
Contact us with an address for the tree and we can search the records to tell you the answer. If the tree is protected
in this way, then you will need to complete an application to carry out work to tree(s) protected by a Tree Preservation Order.
You can also write giving details of the location and the work you want to carry out. We usually deal with applications within
8 weeks.
What is a Conservation Area?
A Conservation Area is one of special architectural or historic interest. Trees often make an important contribution to
the appearance of Conservation Areas and so are given special protection. If you live in a Conservation Area, you must give
us formal “Notice of Intention” before carrying out any work to trees. The penalties for unauthorised lopping of trees in
Conservation Areas are the same as for trees protected by Tree Preservation Orders.
Is my tree in a Conservation Area?
We must be notified before any work to trees is carried out in a Conservation Area. Contact us with an address for the
tree and we can search our records to tell you the answer. If the tree is in a Conservation Area and is not protected by a
Tree Preservation Order, then before you can carry out any work you need to complete a Notice of Intention to carry out work
to tree(s) in a Conservation Area giving the location of the tree and details of the proposed work.
We have 6 weeks from receiving the Notice to decide whether to allow the work to go ahead or serve a Tree Preservation
Order to prevent it.
I think my tree is dead, can I remove it?
Any protected tree that is dead, dying or dangerous can be removed without the need to apply for permission. However, the
responsibility of proof rests with you. If you plan to remove such a tree, it is a good idea to contact us as soon as possible
so that we may carry out a site visit. It is also advisable to take photographs to show the problems with the tree.
Can I remove my hedge?
Only if it is within or forms the boundary of a garden and not protected by a condition of planning permission. Most other
hedges are protected by the Hedgerow Regulations 1997 and formal notice must be given to us in writing. We then have 6 weeks
from receiving the notice to prevent the work, if this is considered necessary, by serving a Hedgerow Retention Notice.
Contact us
Contact: Conservation Team
Telephone: 0116 2727705
Email: planning@blaby.gov.uk
