Tree Preservation

Picture of a Protected Tree

Trees can draw mixed reactions from people – most people agree they are attractive and are keen to live in an environment which contains trees and woodlands, but some are not so keen to have them close to their own houses. Whilst most developers realise that retaining suitable trees can add value to a site, others may sometimes see trees as an obstacle to their site plans.

Tree Preservation Orders

TPOs are legal orders intended to ensure important trees are preserved.

Anyone wishing to carry out work on a tree which is the subject of a TPO, is required to apply for consent in writing to the council, describing their requirements, giving reasons and where appropriate, providing supporting evidence. You are not required to employ a professional tree specialist to make this application but it is generally helpful if you talk to a professional first and they will help you describe what you want in a way that is generally understood by other professionals. The Tree Officer will then make a site visit and assess the request. The Council may agree to the request, write an alternative specification or refuse the request. If you are not happy with the Council’s decision you have the right of appeal to the Secretary of State who will ask an independent inspector to re-assess the decision.

Tree Preservation Orders are not intended to prevent any work ever being done to a tree. They are intended as a way to balance the sometimes conflicting desires of individuals with the benefits to the wider community.

Breckland Council is currently undertaking a review of their Tree Preservation Orders in line with Government guidance, please see the below link:

Tree Preservation Order Review

Conservation Areas

Conservation Areas are parts of towns and villages that have been identified as being of special architectural or historic interest. The council aims to preserve or enhance the character of these areas.

Trees are included as part of the definition of character. Accordingly all trees with a trunk diameter of 75mm or greater measured 1.5m above the ground, carry the same protection and penalties that they would have if they were covered by a Tree Preservation Order.

Should you wish to carry out work to any trees in a Conservation Area, you are required to give the Council 6 weeks notice of your intentions and the reasons for them. The Council reserves the six week period in which to make a Tree Preservation Order if it wishes to retain the tree, or declare that it has no objections. In practice, it will declare its view much sooner than six weeks and if no TPO is forthcoming, work may proceed henceforth.

An application form to carry out work to a protected tree can be downloaded by clicking on the link below together with guidance leaflets which should help you in the process.

Application for Tree Works
Guidance Notes for Completion of Application for Tree Works
Choosing a tree work contractor (PDF document 58Kb)
Standard terms to describe tree work (PDF document 94Kb)
Guide to Pruning Protected Trees (PDF document 25Kb)
Buying a house with trees in the garden (PDF document 93Kb)
Protected trees: a guide to tree preservation orders, DTLR 1999