Tree Preservation Orders (TPO) and trees in Conservation Areas.
What is a TPO?
A TPO is a legally enforceable order made by the Local Planning Authority (LPA) to protect trees, groups of trees and woodland which make a contribution to the amenity in its area. The decision to make a TPO 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 TPO is to make it an offence to cut down, uproot, top, lop, wilfully damage or wilfully destroy a protected tree without the consent of the LPA.
Apply for consent to work on a protected tree
To work on a protected tree you will need to make a tree work application.
How to find out if my tree is protected by a TPO
Check whether your property is covered by a Tree Preservation Order.
Note: The interactive map shows the location of individual trees, groups, areas and woodlands that are protected by the Tree Preservation Order. The symbols accord with the standard symbols used on the original TPO map, ie Individual trees (circle), Groups (within a broken black line), Areas (within a dotted black line and woodlands (within a solid black line). The symbols are shaded Green for clarity.
Although every attempt is made to ensure that data is accurate and up to date it should not be considered to be definitive data for legal or legislative purposes. if you believe there is an error or some information is missing please let us know by emailing: PlanningTrees@cheshireeast.gov.uk
Anyone proposing to cut down, or carry out work to a tree in a Conservation Area, which has a trunk measuring in excess of 75 millimetres in diameter at a height of 1.5 metres above ground level 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.
There are currently 76 designated Conservation Areas in Cheshire East.
Find out if a tree is protected within a Conservation Area
View Cheshire East Conservation Areas on our interactive map (zoom in to see conservation areas shaded in blue).
Search by Postcode
Type in the post code in the search bar and click ‘go’. Selecting the relevant property from the drop down list will locate to the address point on the map.
Search by Road
Type in the road and town in the search bar and click ‘go’. This will take you to the centre of the road only. Scroll the map to find the address.
To view the tree you are interested in as accurately as possible, zoom in/out by using the scroll wheel on the mouse or click on the [+] or [-] icons in the top right of the map
Clicking on the symbols will provide you with further information
Making a TPO
The LPA may only make a TPO where it 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 TPO, email PlanningTrees@cheshireeast.gov.ukPlanningTrees@cheshireeast.gov.uk with details of the location of the tree and why you think it should be considered.
The LPA will 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 LPA to develop ways of assessing the amenity value of trees for protection in a structured and consistent way.
- The evaluation will consider the following criteria:
- The condition of the tree(s) and an assessment of future life expectancy.
- 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 LPA will serve the Order on those affected.
How to object to or support a TPO
Any objections, or support for the Order must be made in writing to the LPA within a minimum period of 28 days for the date of the Order being served. The LPA will consider your comments when deciding whether or not to confirm the Order.
If there are no objections to a TPO, it will be confirmed by the LPA 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 TPO become effective
Under the Town and Country (Tree Preservation) (England) Regulations 2012 a TPO becomes effective on the date it is made. The TPO will lapse after six months unless it is confirmed by the LPA.
What does a TPO control
A TPO prohibits the 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 LPA.
There are some exceptions where permission is not required by the LPA where:-
- cutting down trees in accordance with a Forestry Commission Grant Scheme, or where the Forestry Commission has granted a Felling Licence.
- 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 becomes necessary.
- 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 legal representative).
- 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 works.
- The removal of dead branches from a living tree.
Further details are available in the Communities and Local Government document Protected trees a guide to tree preservation procedures (PDF, 91KB) .
Any one who commits an act in contravention of a TPO 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.
Copies of TPOs
You can request a copy of a TPO at a cost of £57.70 (including VAT) or £6.00 for one extract:
- By Credit Card over the phone on 0300 123 5014
- By e-mail to firstname.lastname@example.org . The e-mail must include ‘Request for a copy of a TPO ’ in the subject line, details of the exact location/address of the trees or the title of the Tree Preservation Order if known and a contact telephone number in order that we can contact you and arrange for payment.
- By post to Planning Support, PO Box 606, Municipal Buildings, Earle Street, Crewe, CW1 9HP. Details of the exact location/address of the trees or the title of the Tree Preservation Order if known must be provided together with a cheque made payable to Cheshire East Council.
Page last reviewed: 17 May 2021
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