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Introduction
The Planning Service, an
Agency within the Department of the Environment is responsible for the
making and enforcing of Tree Preservation Orders (TPOs). TPOs may be used
to protect trees, groups of trees or woodlands, which add to the character
and appearance of an area.
What
is a TPO?
A TPO provides protection
for those trees specified in the order and makes it an offence to cut
down, top, lop, uproot or wilfully damage or destroy a tree, or permit
these actions, without first seeking the Department’s consent to do so.
Why
Protect Trees?
Trees make an important
contribution to the environment, creating a varied, interesting and
attractive landscape.
Trees -
enhance views
help define character and promote a “sense
of place”
add colour and seasonal interest
support a wide variety of wildlife
Cutting down trees, groups
of trees and woodland can destroy the settings of buildings or parts of a
town. Also, proposals for extensions or new buildings can sometimes
threaten woodland and trees.
How
do we decide which trees to protect?
The Department may make TPOs
for the purpose of:
• protecting important
trees or groups of trees, which are under threat.
• strengthening a planning
condition for the protection of existing trees or trees to be planted as a
requirement of a
planning condition.
• protecting trees,
considered to be of special value in a particular area, even though there
is no direct threat to
them.
• protecting a woodland
area by securing the replanting of trees, which have been felled with the
Department’s
consent.
How
is a TPO made?
There are two ways of making
a TPO
1. The Department may give notice of its intention to make a TPO to the
owner and occupiers of the land, who have 28 days from the date of notice
in which to comment. Any comments received, will be taken into account and
a decision reached on whether or not the order should be confirmed. The
order does not take effect until
it has been confirmed by the
Department.
2. Alternatively, the
Department may make a Provisional TPO, which takes
effect immediately on the date
specified, providing protection for the trees. A Provisional TPO may be
used in situations where the Department considers the existence of the
trees to be under immediate threat. Comments may still be made within 28
days from the date of notice and will be taken into account before the
Department decides if the TPO is to be confirmed. A Provisional TPO must
however, be confirmed within 6 months of the date of the order, otherwise
the protection afforded to the trees expires.
How
do I get consent to carry out works to protected trees?
If you wish to cut down or
carry out works to protected trees, you must first seek the Department’s
consent to do so. An application for consent must be made in writing to your
local Planning Office, specifying the trees, the work you want to carry out
and why. Contact details are provided at the end of this leaflet.
Anyone can apply for consent.
However if consent is granted, it does not confer any legal right to carry
out the work and the applicant should make sure any necessary permission is
obtained from the owner of the tree(s). Should an application for consent be
refused, or granted subject to conditions, you may, if you so wish, appeal
in writing, to the Planning Appeals
Commission, Park House, 87/91 Great Victoria Street, Belfast, BT2 7AG
within 6 months of the decision, stating the grounds on which your appeal is
based.
Consent is not required for
the removal of trees which are dead, dying or dangerous. However, the
landowner will have to replant replacement trees of appropriate size and
species, in the same location as soon as he reasonably can. Anyone who is
unsure whether a tree falls within the exemption is advised to obtain the
advice of an arboriculturist.
Wildlife
Order (NI) 1985
A dead or dying tree however
may provide a habitat for plants and wildlife protected under the Wildlife
Order (NI) 1985. Trees with hollows or crevices, for example, provide
important natural sites for many protected species. Anyone proposing to
carry out works to trees containing protected plants and wildlife, should
first consult the Department of the Environment’s Environment &
Heritage Service.
Consent is also not required
for the cutting down, uprooting, topping or lopping of trees to comply with
obligations imposed by any statutory provision, such as a grant of planning
permission, or to prevent or reduce a nuisance.
What
happens if I carry out works to protected trees without consent?
It is a criminal offence to
cut down, top, lop, uproot, wilfully destroy or damage a tree in a manner
likely to destroy it, without the Department’s consent, and, on summary
conviction you could be fined up to £30,000 (and on conviction on
indictment, to an unlimited fine). In determining the fine, the Court may
take into account any financial benefit which appears likely to have accrued
as a result of the offence. It will also be the duty of the landowner to
plant replacement trees of appropriate size and species in the same location
as soon as reasonably possible.
Trees
in a Conservation Area
Trees in a conservation area
are automatically protected as if a TPO was in place. However, in a
conservation area, anyone proposing to carry out works on the trees, must
serve on the Department six weeks notice of the intended works. The notice
should contain sufficient information to identify the trees, details of the
proposed works and reasons. The Department has six weeks in which to respond
and work should not commence until the Department has commented, or the six
weeks has expired, whichever takes place first.
If the Department considers
the proposed works should not be carried out, it can make a formal TPO.
Questions
and Answers
 What types of trees are
covered by a TPO?
All kinds of trees may be
covered by a TPO including mature trees as well as saplings and low growing
species. Shrubs and formal hedgerows cannot be covered by a TPO.
How can I find out if a tree
is covered by a TPO?
By contacting your local
Planning Office, details of which are contained in this leaflet.
Does a TPO come into effect
immediately?
The Department may, if it
considers necessary, make an order with
immediate effect.
How will I know when a TPO has
been made?
The Department will notify the
owner, occupiers and other parties as considered necessary enclosing a copy
of the order.
How do I comment on a proposed
TPO?
You can make your comments, in
writing, to Planning Service Headquarters.
Can I appeal against a TPO?
No. There is no right of
appeal against the making of an order. However, if you subsequently apply
for consent to carry out works on protected trees and this is refused, or
granted subject to conditions, you can appeal to the Planning
Appeals Commission.
If a TPO is made, does the
Department become responsible for the trees?
No. The landowner remains
responsible for the trees, their condition and any liability in relation to
any damage they may cause. But the Department’s consent is still required
before carrying out any work on them.
Can I stop planning permission
being granted, by getting a TPO imposed?
No. A TPO does not prevent
planning permission being granted, but the Department will take into
consideration the risk to protected trees when deciding planning
applications.
Can anyone request a TPO?
Yes. Any person can write to
their local Planning Office making a
request for a TPO. Any such request should include details of the location
of the trees and reasons why a TPO should be made.
Factors of relevance might
include, exceptional landscape/townscape value, particular importance in
terms of location/setting, rare species or historical/wildlife significance.
Where can I get more
information?
Further information can be
obtained from your local Planning Office or the Agency’s website:
www.planningni.gov.uk
The Woodland Trust has also
produced a leaflet “Is your local
wood under threat?”. This can be obtained from their Bangor office, Phone:
028 9127 5787 or their website:
www.woodland-trust.org.uk/publications/index.htm
Please note that this
leaflet gives informal advice. It is not an authoritative statement of the
law.
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