Watford Borough Council Tree preservation orders

Watford Borough Council


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Tree preservation orders

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Watford Borough Council is fortunate in having a great and diverse population of trees both within private ownership and Council owned parks and open spaces. Trees generally make a positive contribution to the character of the landscape and there is a general presumption in favour of keeping them. This is perhaps because of their size, historic, aesthetic or sentimental value.

It is through the efforts of the Borough and inhabitants in the past that we live and work in this green environment. We therefore all have a responsibility to future generations that we manage our open spaces and trees caringly in order to ensure they have the same opportunities.

Legislation concerning Tree Preservation Orders is contained within The Town and Country Panning Act 1990.  The information within here is for guidance only; it aims to answer some of the most commonly asked questions. It is not a statement of law; you should consult a solicitor if you are unsure of your legal rights and responsibilities.

What is a Tree Preservation Order (TPO)?

A Tree Preservation Order (TPO) is an order made by a Local Planning Authority (LPA) in respect of trees. This in general terms makes it an offence to cut down, uproot, prune, damage or destroy the tree or trees without the planning authority’s permission.

What is the purpose of a TPO?

To protect trees, which make a significant impact on their local surroundings and that, its loss would have a significant impact on the environment and its enjoyment by the public. This is particularly important when trees are in immediate danger.

What type of trees can be protected?

A TPO can apply to a single tree, a group of trees or woodland. It can include hedgerow trees and fruit trees. The trees do not necessarily have to be of a certain species, size or age.

How do I find out if a tree in my property or elsewhere is covered by an order?

By contacting  the Planning Support team. Please telephone: 01923 278293/4 or email developmentcontrol@watford.gov.uk 

Is the Council responsible for protected trees?

No, the owner remains responsible for the trees, their condition and damage they may cause. The TPO ensures the retention of the tree within the landscape and provides the council greater control over its future management. 

Will the Council pay or contribute towards the cost of any works?

Unfortunately no.

What if I want to carry out work to a protected tree?

You need written permission from the Planning Authority before undertaking any works to protected trees apart from a number of exemptions. You will probably find it helpful to consult a suitably qualified Tree Surgeon to clarify what works are required and whether permission is needed. 

How do I apply?

Complete a Tree Work Application Form, this is available to download from the 'related items' section to the right of this page, complete all parts and return to the Planning Support Team, Watford Council, Town Hall Watford. WD17 3EX or email developmentcontrol@watford.gov.uk or by fax to 01923 278244. Please note that your application needs to include a sketch plan indicating which trees you wish to work on and any other distinguishable features within the site.

Do I have to pay for this service?

No, the Council makes no charge for this service.

What happens once I have applied?

Once we have received your application, it will be entered into the system (providing that enough information has been supplied). A letter of acknowledgement will be sent to you, informing you of your planning application reference number.

A Tree Officer will then visit the site and based on the information provided and the suitability of the works will make a recommendation to the Development Manager, who determines the decision.

How long does this normally take?

The Council has 6 weeks to determine the application from the date of registration. The Council we inform you of their decision in writing. You cannot carry out the works until you have received this decision letter.

If I am dissatisfied with the Council's decision can I appeal?

Yes. If you are not happy with the decision of the Council or any conditions, which may be attached to the consent, you have to appeal in writing within 28 days of the decision notice to the Secretary of State. Details of the appeal process will be included within your decision notice.

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

The courts have powers to fine anyone contravening a TPO. 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.

Please note it is no defence for a defendant to plead that they were unaware that a TPO existed on a particular tree unless the LPA were the cause of such ignorance.

You would also normally have to plant another tree to the satisfaction of the council if the tree was cut down or destroyed.

Further information

Further information relating to Tree Preservation Orders can be obtained from:

  • Arboricultural Association – for a list of approved contractors to carry out work on trees and hedges, search www.trees.org.uk or tel: 01794 368717
  • Citizens Advice Bureaux – offer free, confidential, impartial and independent advice. You can find your local office in Yellow Pages
  • Community Legal Service (CLS)– helps people to find the right legal advice. There are CLS Information Points in local libraries. Or else search www.clsdirect.org.uk or tel: 0845 345 4 345 for your nearest Community Legal Service provider
  • Gardening Which? -  Helps its members with their gardening problems tel: 0845 903 7000
  • Royal Horticultural Society – helps its members with their specific gardening problems tel:01483 479700. General advice on planting and looking after hedges is available at www.rhs.org.uk/advice/index.asp
  • Tree Helpline – for impartial advice on anything to do with trees, hedges and shrubs tel:09065 161147 (calls are charged at £1.50 a minute)

For more information

developmentcontrol@watford.gov.uk