Tree Preservation Orders (
What is a
is a legally
enforceable order made by the Local Planning Authority
) to protect
trees, groups of trees and woodland which make a contribution to
the amenity in its area. The decision to make a
are made under powers
contained in the Town and
Country Planning Act 1990 and the Town and
Country (Tree Preservation) (England) Regulations 2012.
The principal effect of a
is to make it an offence to
cut down, uproot, top, lop, wilfully damage or wilful destroy a
protected tree without the consent of the
. Apply for consent to work on a protected
What types of tree can be protected by a
All species of tree of any size may be protected by a TPO. A TPO
cannot protect hedges, bushes or shrubs
How do I find out if my tree is protected by a
To check if your tree is protected, please contact us on 0300
123 5014 with the address of where the tree is located and we will
endeavour to respond to your request within two working days.
appears to them to be expedient to protect a tree, group of trees
or woodland which make a significant contribution to amenity. This
may include trees that are in danger of being felled or under
threat due to proposed development.
If you think a tree should be considered for a
, write to the
with details of the
location of the tree and why you think it should be considered.
consider the merit of protecting trees by undertaking an objective
assessment based on their contribution to amenity and impact on the
local landscape. The assessment is carried out in accordance with
Government advice contained in
Tree preservation orders and trees in conservation areas.
The document advises the
to develop ways of assessing
the amenity value of trees for protection in a structured and
- The evaluation will consider the following criteria:
- The condition of the tree(s) and an assessment of future life
- An assessment of the potential threat to the tree and whether
it is expedient to make a Tree Preservation Order.
- A Landscape appraisal will assess visual prominence, landscape
setting, presence of other trees and function and suitability of
the tree(s) to the site.
- Future benefits the tree might provide, growth potential, age
and assessment of wildlife habitat.
A report will then be submitted to the Development Management
and Building Control Manager for recommendation to make the Order.
If a decision to make the Order is justified, the
will serve the Order on those
How do I object to or support a
Any objections, or support for the Order must be made in writing
minimum period of 28 days for the date of the Order being served.
your comments when deciding whether or not to confirm the
If there are no objections to a
, it will be confirmed by the
following the 28
day period for consultation.
Where objections are made, the objections will be considered by
the North or South Area Planning
Committee and elected members will determine whether to confirm
the Order, not confirm the Order or to modify the Order.
When does a
Under the Town and Country
(Tree Preservation) (England) Regulations 2012 a
on the date it is made. The
will lapse after six months
unless it is confirmed by the
What does a
cutting down, topping, lopping, uprooting, wilful damage or wilful
destruction of designated protected trees, groups or woodlands
unless written permission has been given by the
There are some exceptions where permission is not required by
- cutting down trees in accordance with a Forestry Commission
Grant Scheme, or where the Forestry Commission has granted a
- Cutting down or pruning a tree:
- Which presents an urgent and serious safety risk. You must give
written notice (by letter or e-mail) to the LPA as soon as the work
- Which is dead. You must give 5 working days notice (letter or
e-mail) to the LPA before carrying out the work..
- So far as is necessary to implement detailed planning for which
permission been given by the LPA.
- In a commercial orchard, or pruning fruit trees in accordance
with good horticultural practice.
- To prevent or control a legal nuisance (what constitutes a
legal nuisance should be first determined by your solicitor or
- In compliance or obligation under an Act of Parliament.
- In connection with proposed activities by a Statutory
Undertaker, implementation of an Order under the Highways Act, for
national security purposes, at the request of the Environment
Agency, or request of a Drainage body in relation to drainage
- The removal of dead branches from a living tree.
Further details are available in the Communities and Local
Protected trees a guide to tree preservation procedures (PDF,
Any one who commits an act in contravention of a
is liable, on conviction in a
Magistrates Court, to a fine of up to £20,000. For serious
offences, a person can be committed for trial in the Crown Court
and if convicted, can be liable to an unlimited fine.
be obtained from the Council at a cost of £55.00 (including VAT) or
£5.50 for one extract. They can be purchased by credit card over
the phone on 0300 123 5014. Cheques should be made payable to
Cheshire East Council.
s can also be
viewed at Macclesfield Town Hall or Delamere
House, Crewe by prior appointment: Please telephone 0300 123
5014 to arrange an appointment .
Anyone proposing to cut down, or carry out work to a tree in a
Conservation Area, whether or not it is covered by a Tree
Preservation Order, is required to give the Local Authority six
weeks prior notice of their intent to carry out the work. The Local
Authority then has the opportunity to give consideration to the
tree's contribution to the character and amenity of the area and if
necessary make a Tree Preservation Order to protect it. See
tree work applications
There are currently 76 designated Conservation Areas in Cheshire