Application Process to Work on Trees

The courts have powers to fine anyone contravening a tree preservation order. 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.

How do I apply to carry out works to a tree protected by a Tree Preservation Order?

You can apply by completing the tree works application form online via the Planning Portal.

You can also download the application form here

How long will it take to get permission?

We have eight weeks to assess the application from the date of validation. We will inform you of our decision in writing.

What happens once I have applied?

Once we have received your application it will be entered into the system and it will go through a validation process. A letter of acknowledgement will be sent informing you of your planning application reference number. If there is insufficient information included in your application then it will be made invalid. We  will contact you outlining any additional information that is required for the application to be made valid

Please note: your application must include a sketch plan indicating which trees you wish to work on and any other distinct features within the site.

If your reasons for carrying out the proposed works relate to the condition of the tree(s) then written evidence from an appropriate expert must be supplied.

If your application relates to a subsidence issue or other structural damage then you will be required to provide written technical evidence from an appropriate expert. You will also need to supply a report from an arboriculturalist to support the tree works proposals.

A Tree Officer will then visit the site and will make an assessment as to whether the proposed works are reasonable and necessary. A decision will then be made to either:

• Grant consent (this may or may not be subject to conditions)
• Refuse consent
• Refuse consent and offer alternative works

If I am unhappy with your decision can I appeal?

Yes. If we refuse consent you have the right of appeal against a decision and details of the appeal process will be included within your decision notice.

What happens if I carry out works to a protected tree without permission?

There are a few circumstances in which you can carry out work to a protected tree without gaining permission first. These include:

• If the tree is dead or dangerous, the danger must be present and the responsibility will be on you to prove this if necessary. We would advise that you give us at least five days notice of your intent to carry out works under this exemption.  Removal of dead wood from an otherwise healthy tree is considered to be covered by this exemption.

• If you are obliged to carry out work by an Act of Parliament. Most commonly, this applies to trees that overhang a public road where you have an obligation to maintain reasonable clearance above the road. This usually means 2.5m above a footway or 5.5m above a road.

• If the tree is a fruit tree and you prune it in accordance with good horticultural practice, or if the tree is a fruit tree situated in a commercial orchard.

• If the work is to be carried in accordance with a Forestry Commission Grant Scheme or if a felling licence has been granted by the Forestry Commission .

You may have to plant another tree if the tree was cut down or destroyed