The objective of a TPO is to protect trees that make a significant impact on their surroundings, for example, if they form an important feature within the local landscape, or if they have an historical association with the local area.

A TPO can be made in respect of an individual tree, a group of trees or woodland including hedgerow trees but not hedges, bushes or shrubs.

Once a TPO is made it becomes an offence to cut down, prune, uproot, wilfully damage or wilfully destroy a tree that is protected by that Order without first gaining the Council's consent.

All trees in a Conservation Area are subject to controls which enable the council to protect the special character of the area created by the trees. If trees have a specific Tree Preservation Order (TPO) on them, then the normal Tree Preservation Order controls apply.

You must give the council 6 weeks notice, in writing, of your intention to do any work to trees in a Conservation Area. You must not carry out any work during the six week period, which starts from the date of receipt of your notification by the council, unless you receive written permission to do so.

Your proposal will be entered in the 'Register of Proposed Work to Trees in a Conservation Areas', and we may write to local amenity groups or parish councils to inform them of the proposal. We will acknowledge receipt of your notification and may carry out a site visit to consider the proposed work. The council has six weeks from the date of your Notice to consider your proposal, and decide whether it wishes to serve a Tree Preservation Order to control the proposed work.

What will the council do about...

1. Trees causing a nuisance

Those living adjacent to trees may sometimes consider them an inconvenience. However by law a tree must be proved to be causing a significant interference to a neighbours convenience and comfort for it to be considered a nuisance. The Councils general policy is not to undertake the topping, lopping or felling of otherwise healthy trees that would otherwise need no maintenance, to simply alleviate problems such as the build up of leaves, seeds, berries or other minor debris on a neighbouring property.

2. Branches, which overhang a boundary

There is no requirement in law to prevent trees spreading over a boundary. However, whilst there is no obligation to prune trees, if branches or roots encroach on to neighbouring land they are legally regarded as a nuisance. Under the terms of this law the tree owner is not obliged to cut back the branches overhanging their neighbours garden. The onus is on the owner of the adjacent land concerned to action their legal right and 'abate the nuisance'. Where requests are made to prune trees that overhang a boundary each instance will be assessed on its merits.

As a general policy, the council will undertake work to lessen tree encroachment, where the extent of that encroachment is considered significant in relation to the size and position of the trees. Where a tree's branches touch or are very close to a building, the work will take priority. Where overhang of the boundary is relatively minor or at considerable height, works may not be undertaken.

Alternatively they may be considered for re-inspection within two years, depending on the size, type and growth of the trees concerned. Where tree roots are deemed to have encroached, works will only be undertaken where damage to property can be shown, beyond reasonable doubt, to have been a causal factor or damage is 'reasonably foreseeable in the future.

3. Trees blocking light

With regards to a light shaded from a neighbouring tree, a householder has no right to light or in fact a view. Indeed a view obstructed by the growth of trees cannot legally be regarded as a nuisance. On the matter of requests to prune trees to increase light levels, the council will take each instance and assess it on its individual merits. The householder may be assisted where appropriate, if this is possible without excess injury to or removal of healthy trees or branches.

The Councils general policy is not to undertake the topping, lopping or felling of otherwise healthy trees that would otherwise need no maintenance, simply to allow more light to a property, where the trees in question would not otherwise require any surgery.

4. Ivy on Trees

In the setting if a woodland, Ivy has a variety of conservation benefits and forms an integral part of the natural habitat. It is a climbing, scrambling plant abundant as a groundcover shrub in the under storey of many rural woodlands. In the urban environment there is the need to balance three main considerations for its retention: tree safety, conservation and aesthetics. Ivy causes no direct damage to trees.

However in some situations it may be considered unsightly and more importantly can create problems for efficient management by obscuring structural defects and fungal fruiting bodies. It also increases the weight of a tree's crown and the 'sail' effect during the wet, windier, winter months, when deciduous trees have shed their leaves. As a general policy the council undertake the removal of ivy from trees only where it is considered necessary to aid visual tree health assessment.

5. Poor television & satellite reception

There is no requirement in law to television reception. Any existing trees growing on neighbouring land, which are thought to interfere with television reception, are unlikely to be regarded as a nuisance in law, (especially with satellite transmissions). The Councils general policy is not to undertake the topping, lopping or felling of otherwise healthy trees that would otherwise need no maintenance simply to improve television or satellite reception.

6. Trees and utility services

It is very unusual for roots to physically break drains and associated pipe work. However, tree roots are opportunistic and if an old pipe with poor joints is leaking into the surrounding soil this will attract the roots that may then exploit the existing weakness. Then, when repairs are required, a proliferation of tree roots often leads to the blame being placed with a nearby tree.

The Councils general policy is not to undertake the topping, lopping or felling of otherwise healthy trees that would otherwise need no maintenance simply to prevent roots entering already broken pipes.

The replacement of faulty drains/pipes with modern materials will usually eliminate the leak and stop problems from reoccurring. Contact your buildings insurance company if you feel roots are responsible for any damage.

The Hedgerow Regulations came into force in 1997 to protect the most important hedges in our countryside from being removed.

The Regulations apply to most hedges in the countryside which are more than 20 metres long or which meet another hedgerow at either end.

If you wish to remove a countryside hedgerow you will need to apply to this Council for permission by submitting a Hedgerow Removal Notice. Once the Council receives the notice it has six weeks in which to respond by either approving the proposals, or by issuing a Hedgerow Retention Notice if the hedgerow is found to be important.

It should be noted that garden hedges are not affected by the regulations even though the land on the other side of the hedgerow may be used for one of the purposes set out below. For example, where the hedgerow marks the boundary line between agricultural and residential land, such as on the edge of town, the regulations do not apply.

If you remove a hedgerow without permission you may face an unlimited fine and you may also have to replace the hedgerow.

You do need permission to remove a hedgerow if it is on:

• Land used for agriculture
• Common land
• Land used for forestry
• Land used for the breeding of horses, ponies, or donkeys
• Village greens
• Local nature reserves
• Sites of special scientific interest

You do not need permission under these regulations if:

• The hedge is shorter than 20 metres and not connected to other hedgerows.
• The hedgerow is within or makes up the boundary of your garden.
• You are removing it to obtain access in substitution for an existing one which provides access to the land.
• You are removing it to obtain temporary access to any land in order to give assistance in an emergency.
• You are removing it to obtain access to land where other means of access is not available or is available only at disproportionate cost.

The Local Planning Authority have given consent for new development following the submission of a planning application (except in the case of permitted development rights.)

• To comply with statutory plant or forestry health order.
• To comply with a statutory notice for preventing interference with electric lines.
• In connection with statutory drainage or flood defence work.
• The work that you intend to carry out is considered as proper hedgerow management, and will not result in the destruction of the hedgerow. (i.e. coppicing, laying, and the removal of dead or diseased shrubs or trees).

It is also important for you to check that there are no covenants, planning permissions or conditions requiring the hedgerow to be retained.

Sources of Further Information:

Statutory Instrument 1997 No.1160: The Hedgerow Regulations 1997 (Crown Copyright 1997) –

DEFRA

For further information or advice on an application to remove a hedgerow please contact a member of the Council’s aboricultural staff.

If you wish to carry out work to any tree(s) in your garden or neighbouring garden/land that are protected by a Tree Preservation Order or situated in a Conservation Area then it will be necessary to make a formal application/notification to the Council.

To make an application you can either print and complete a form, by selecting one of the forms below and send to the Council or submit the form online via the Planning Portal.

This should be carried out by using the forms below. If you need help in downloading or completing a form or require further information please contact our Tree & Landscaping Section.

Tree works applications

• Tree works application guidance notes (PDF 95KB)
• Tree works application form (PDF 357KB) 
• Tree works checklist  (PDF 166KB)

Hedgerow applications

The Hedgerow Regulations 1997 require anyone that wishes to remove a hedgerow on agricultural land to seek the permission of the Local Authority. This is to reduce the amount of hedgerows being removed unnecessary There are exceptions to the requirements to submit a removal notice as outlined in the guidance below.

• Hedgerow removal guidance notes  (PDF 20KB)
• Hedgerow removal form (PDF 353KB) 
• Hedgerow checklist (PDF 174KB)

View tree works applications and the TPO Register