Tree Preservation Orders

There are trees which I think should be protected. What can I do?

If you think a tree should be protected and it is under threat of works likely to result in its destruction, you should contact the Council's Tree & Landscape Officer as soon as possible. The Tree & Landscape Officer will assess whether the tree fulfils an array of strict criteria before it will qualify for a TPO (it must be sound and healthy for example) and it must also be of significant visual amenity value.

How can I find out if a tree is covered by a TPO?

Details of existing TPOs can be found on our database or alternatively they are available for inspection at the Councils Planning Office, Southover House, Southover Road, Lewes. Contact the Council's between the hours 9am to 5pm Monday to Thursday and 9am to 4.30pm Friday. Alternatively, contact the Trees & Landscape Officer directly daniel.wynn@lewes.gov.uk and telephone 01273 484438 for further details.

When you purchase a property an official search of the Council's Land Charges Register (e-mail graham.purdye@lewes.gov.uk) will reveal the existence of TPO's or whether the property is within a Conservation Area (see 'Trees in Conservation Areas' in the 'Relevant Topics' section on the right hand side of this page), but make sure your solicitor tells you if any trees are protected. You are advised to check with the Council's Tree & Landscape Officer if you are unsure if your trees are subject to a TPO or any other relevant planning restrictions. There is a leaflet 'Buying a Property with a Tree in the Garden' which gives more information on this. For a copy of this leaflet, please see the 'Relevant Documents' section on the right hand side of this page.

How do I apply to undertake works to a protected tree?

If you wish to carry out works to your protected tree(s) you must apply by using the new (1 October 2008 – Tree1App) tree work application form. Failure to supply sufficiently precise and detailed information may result in your application being rejected or delayed. You can access the new Application Form and guidance notes by clicking the following link: www.planningportal.gov.uk/PpApplications/genpub/en/Ecabinet

You must use the new form and make sure it is completed to the full. The application form is set out to help ensure that all the relevant information is included. The associated guidance notes will help clarify what you need to write and information to include with your application. A summary of the important issues are as follows:

• The form must be completed in its entirety. Please read the guidance notes that accompany the form before filling out the tree work application form.
• A separate plan is now required and must clearly identify the position of the protected trees to be worked upon in relation to adjacent roads, boundaries and buildings as well as providing a clear indication of the locality and the direction of north. You may still submit hand drawn plans but Ordnance Survey (O/S) based plans will help improve accuracy. Plans that contain errors, such trees located in the wrong place, will be invalidated. If such errors come to light during the site visit your application may well be invalidated at that stage or may be held in abeyance until such time the correct information can be supplied.  You can purchase maps online and for a list of O/S stockists click on the following internet web site: www.ordnancesurvey.co.uk/oswebsite/partnerships/mdc/stockist.html
• The tree works must be clearly specified and any crown volume or height reduction, crown thinning, branch shortening or crown lifting must be described by quantity such as length or percentage, or pollarding to a particular height or back to previous points of reduction, or secondary points etc. Failure to adequately describe and limit the proposed works will result in your application being invalidated.
• You must include your reasons for wanting to undertake the works.  Please be aware, however, that statements such as “In the interests of good arboricultural practice and amenity” or “For reasons of safety” will no longer be acceptable on their own. Reasons could include that the works are for improving light conditions to the garden or property, or to maintain the tree at a reduced size in a confined growing space. If it is for safety then explain what the problems are, i.e., to remove a fractured branch from over the garden or road.
• Where requests are made to remove trees because it is claimed that they are diseased or unsafe in any way the application must also be accompanied by appropriate supporting arboricultural information such as a report that identifies the problems. For simpler more obvious problems you may include this information in the reasons as noted in the preceding paragraph. In cases of damage such as subsidence to nearby buildings appropriate engineering, arboricultural and site assessment reports must be attached to the application at the time it is made.

If any information is missing or not in the required format your applications will be invalidated. The Department for Communities and Local Government (DCLG) state:

"ANY APPLICATION NOT MADE ON THE STANDARD FORM, OR THAT IS INCOMPLETE, OR FAILS TO INCLUDE THE REQUIRED INFORMATION - WILL BE INVALID."

Where possible Lewes District Council will be as flexible as possible, but where, for example felling is proposed because the condition of the tree is said to be poor, or because it is alleged to be causing subsidence damage to building structures, a much greater level of information will be required. Simple pruning to improve light conditions to the house and garden for example, or applications for minor pruning that are unlikely to attract refusal may not require such high levels of supporting information. However, you must include the reasons for the works and state them clearly. Please note that the only time works are in the interests of good arboricultural practice is when removing defective parts to avoid the tree causing itself greater damage and even then this is more often done for safety of people and property.

One of the primary reasons behind these changes is that the government is also introducing a new fast track procedure for dealing with TPO appeals (including appeals against tree replacement notices). The appeal decision will be made on the basis of the application to the local planning authority, together with any third party comments received at that time and following a visit to the site by an appointed Inspector. Where appropriate, the appeal would be handled by an Inspector with suitable arboricultural expertise. Therefore no additional written information will be considered by the inspector so you must submit all important information at the outset, as you will not have a further opportunity to put your case forward.

Trees & Landscape Officer Site Visits

You can seek the advice of the Council's Tree & Landscape Officer before making a tree work application, but it is important to note that this is a discretionary service subject to time & resource constraints.  You should also note that the Tree Officer conducts site visits solely for the purpose of gathering information to enable him to advise the Council on your proposed tree work application.  Your tree work application will be subject to a statutory consultation procedure during which time if any written objections are received by the Planning Department the entire matter will be reported to the Council’s Planning Applications Committee. They will take into consideration all the relevant factors, including your reasons for the works, before reaching a decision.  Please be aware, therefore, that any advice given by the Tree Officer is entirely on a ‘without prejudice’ basis to the formal determination of your tree work application. This means that in the event the Tree Officer indicates support, or declines to support your application this would not necessarily mean the Council will automatically grant or refuse consent for the works.

Do I always need planning permission to work on a protected tree?

Yes, except for:

• If the tree is dead, dying or dangerous. The danger must be present and the onus will be on you to prove that this is the case. You are advised to give us at least 5 days in advance so that we can agree with you which trees are dead and dangerous. This is in your interest - you could be prosecuted if we think you have carried out unauthorised works. Removal of dead wood from an otherwise healthy tree is considered to be covered by this exemption. Please note: A dead or dying tree may provide a habitat for plants and wildlife, such as Bats and nesting birds, which are protected under the Wildlife & Countryside Act 1981.
• 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 vehicular carriageway.
• Where the work is absolutely necessary in order to implement a detailed planning permission. Note that this does not apply to outline planning permission or to permitted development rights.
• 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 out in accordance with a Forestry Commission grant scheme or if a felling licence has been granted by the Forestry Commission.
• To prevent or control a legal nuisance (this is 'nuisance' in the legal sense and not in the ordinary sense) - contact your solicitor for further advice on this particular issue.

Warning: If you deliberately destroy a tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in the Magistrates' Court. In determining the amount of the fine, the court will take into account any financial benefit arising from the offence. For other offences you could be fined up to £2,500.

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 the Lewes District Council before carrying out most types of work.

What happens when I submit a tree work application?

When we receive a written application to undertake works to a protected tree it is our policy to give local bodies and members of the public an opportunity to comment on the application. We will write to your local Councillor, Parish/Town Council and the wider public via the Weekly List asking for their comments to be returned within three weeks. All comments are carefully considered before a decision is reached.

In considering applications the Council will assess the likely impact of the proposed works on the health and amenity value of the tree or woodland as well as the potential impact on the wider visual amenity of the area. We will also consider whether or not the proposal is justified, having regard to the reasons put forward in support of it.

If we cannot agree with the proposed works the Council will write to you to explain why we have refused consent for your application. If on the other hand, the works are considered to be acceptable, written planning consent will be issued before the end of the eight-week period. If you receive planning consent for works to protected trees there will usually be conditions attached to that consent. This normally sets a time limit of two years when the works must be completed and will also require that the works conform to British Standards (BS:3998) Recommendations for Tree Works.

What if my application to carry out works on a protected tree is refused?

You can appeal to the Planning Inspectorate (PINS) within 28 days of receiving the decision. The address and instructions on how to appeal can be found on the decision notice. For a copy of the Tree Preservation Order Appeals leaflet, please see the Relevant Documents section below. Most cases will be dealt with on the basis of the original application and its supporting information, the decision of the Council and the reasons the Council gave when the decision was made. The Inspector may, however, ask for further information. Either party may if they wish have the appeal dealt with at a hearing or public local inquiry.

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.

Some of the main points relating to TPOs made after 2 August 1999 are:

• no claim can be made if the loss or damage suffered amounts to less than £500
• no compensation is payable for loss of development value or other diminution in the value of land
• no compensation is payable for loss or damage which, bearing in mind the reasons given for the application for consent (and any documents submitted in support of those reasons), was not reasonably foreseeable when the application was decided
• no compensation is payable to a person for loss or damage which was (i) reasonably foreseeable by that person, and (ii) attributable to that person’s failure to take reasonable steps to avert the loss or damage or mitigate its extent
• no compensation is payable for the costs incurred in bringing an appeal to the Secretary of State against the council’s decision to refuse consent or grant it subject to conditions

If you wish to make a claim for compensation you should write to the District Council within 12 months of the council’s decision, or within 12 months of the Secretary of State's decision if you appealed.

Tree Work Database

You can access the combined tree work database if you want to check what tree works already have planning permission, and what works are currently being considered by the Council. You can object or support proposed works to trees by writing to the Trees & Landscape Officer at the address given below. Any written representations must be received by us before the end of the consultation period. The Council will consider all written representations before deciding the outcome of a tree work application.

The leaflet 'You & Your Trees - A Guide to Tree Preservation Orders & Conservation Areas' is available for more information. For a copy of this leaflet, please see the Relevant Documents section below.

When will 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:

• You did so in breach of a TPO or without notifying your intention in a Conservation Area
• You did so because the tree was dead, dying or dangerous (except if the tree was in a woodland)
• You obtained permission but a condition requiring a new tree to be planted was attached to the permission
• In most cases where the Forestry Commission grants a felling licence

You can view applications/notifications in person at Southover House Planning Reception between the hours 9am to 5pm Monday to Thursday and 9am to 4.30pm Friday.

You can find out more about Tree Preservation Orders in the following publications:

The following publications are available on the website of HM Stationery Office, and some may even be seen at some main libraries. For copies of these publications, please see the external links below.

The Planning & Compensation Act 1991 (section 23)

The Forestry Act 1967 (as amended). Please see the Related topics section below.