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Tree preservation orders prevent work from being carried out to a tree unless the local authority has consented. Breach of a tree preservation order is a criminal offence and is punishable by an unlimited fine.
If you are buying a property that has a tree that is subject to a tree preservation order (TPO), you need to know what this entails and how you can deal with the tree.
TPOs were introduced in 1947 to allow local authorities to protect trees to benefit local areas. A TPO prevents the owner of land from chopping down, topping, lopping, uprooting, damaging or destroying a tree or its roots, unless the local authority has given its consent.
Who is guilty for breaching a tree preservation order?
The person who has damaged or cut the tree is the individual who will be liable for the breach. This could be a professional engaged to carry out tree works or a former owner of the tree who will be liable even if they have moved on.
Breaching a tree preservation order is a strict liability offence and you can be found guilty even if you were not aware that the order was in existence.
What is the penalty for breaching a tree preservation order?
If you are found guilty of breaching a tree preservation order, you will have a criminal record and you could face an unlimited fine. The local authority can also recover money from you under the Proceeds of Crime Act 2002 if your property has increased in value because a tree has been lopped or removed.
In 2019, a homeowner in Canford Cliffs in Dorset lopped branches from an oak that was protected under a TPO because they were shading the Juliet balcony at his £1 million home. He was fined £1,200, but later had a further £21,000 confiscated under the Proceeds of Crime Act, reflecting the increase in value of his home. He was also required to pay the local authority’s legal costs of £15,000.
In a similar case, eleven TPO-protected trees were cut down by the owner of a £1.4 million Dorset home. He was fined £12,000 and was liable for £20,000 in legal costs. A confiscation order was also made in the sum of £137,500, which was the estimated increase in the value of his property.
Carrying out work on a TPO-protect tree
If you wish to carry out work on a tree covered by a TPO, you need to apply to the local authority. They may impose conditions on the work, limiting what can be done.
If you live in a conservation area, you must also give the local authority six weeks’ notice of intended work to a tree.
In certain situations, you may be able to carry out work, although you must usually still give the local authority six weeks’ notice. This includes where:
- The tree has died – five working days’ notice is required
- The work is required by statute
- The work will prevent a nuisance
- The work is needed to implement a highways order
- The work is urgently needed for national security
- Dead branches need to be removed
- There is an urgent risk of serious harm – written notice must be given to the LPA as soon as possible
Contact us
If you would like to speak to one of our expert property lawyers, ring us on 0333 3055 189 or email us at info@lpropertylawyers.co.uk
