Trees
Tree Preservation Orders
Trees can be protected by either a Tree Preservation Order (TPO) or by being located within a conservation area.
A Tree Preservation Order (TPO) generally makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the local planning authority's permission.
Visit the National Planning Portal website to apply for consent.
All types of trees can be covered by a TPO, including hedgerow trees, but generally not hedges, bushes or shrubs. The TPO can cover anything from a single tree to woodlands or groups of trees.
The landowner remains responsible for the trees, their condition and any damage they may cause. But the council’s permission is required before carrying out work on the tree, unless they are dying, dead or dangerous. The planning authority may be able to offer appropriate help and advice on how the trees should be managed.
TPOs can be made very quickly and in practice it is normal for a Council to make an emergency TPO in less than a day in cases of immediate danger to trees. The trees need to be worthy and capable of protection, however, if the case is not urgent it will take longer.
When the Local Planning Authority makes a TPO, we will write to the owner and other interested parties, enclosing a copy of the proposed TPO.
Trees in conservation areas
You will have to give us six weeks’ notice before carrying out work on trees which are located in a conservation area but does not have a TPO. This gives the authority an opportunity to consider whether an order should be made to protect the trees.
Visit the National Planning Portal website to apply for consent
Trees within a conservation require consent from the Council unless the:
- diameter of the tree does not exceed 75mm
- cutting down or uprooting of a tree whose diameter does not exceed 100mm and is for the sole purpose of improving the growth of other trees.
In both instances the measurement is taken over the bark of the tree at 1.5m above ground level, however, these exemptions do not apply if the tree has more than one stem at a point of 1.5m above the ground level and if any stem when measured over it's bark at that point exceeds the relevant minimum size.
View the 7 conservation areas in the Borough
Is permission always required for a protected tree?
Yes, except for:
- cutting down trees in accordance with one of the Forestry Commission’s grant schemes, or where the Commission has granted a felling licence
- cutting down or cutting back a tree
- if the tree is protected by a TPO you must give the council at least 5 days written notice for a dead dying or dangerous tree, Unless the danger is imminent. This would be a risk of all or part of the tree falling imminently or overhanging branches are less than 5.5 meters above a highway therefore causing a hazard to traffic
- where notice isn’t given the onus will be on you to prove the urgency of the works if there are any questions raised. In this case you must notify the council as soon as practical. We advise that you take comprehensive photographs of the tree and seek a report from a qualified tree surgeon
- removal of dead wood from an otherwise healthy tree is allowed
- which is directly in the way of development that is about to start for which detailed planning permission has been granted. Note that this does not apply to outline planning permission or to permitted development rights
- in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice
- you may find it helpful to check with a solicitor first.
Always consult and discuss with your Local Planning Authority first or you may be liable to prosecution.
Find out if a tree is protected or in a conservation area
An official search of the local land charges register can also be made before you purchase a property. This should reveal the existence of a TPO (or whether your property is in a conservation area). Make sure your solicitor tells you if any trees are protected.
If you require a copy of the TPO these are available for a fee of £25.
Apply for permission for works to trees in a conservation area or a TPO
Anyone can apply to carry out works. You need written permission to remove them or to do any tree surgery.
If you need to submit an application and you are not sure what to apply for, or what would be good or appropriate tree management, it is best to discuss your options with a tree surgeon first. Unfortunately the Council are unable to offer pre-application site visits. Submit your application in plenty of time before you want the works to be undertaken, permission lasts for two years but it can take up to eight weeks for an application to be processed.
Find the right tree surgeon for you.
Visit the Arboricultural Association Approved Contractor Directory
You should choose your contractor carefully, please do not use tradespeople who knock on your door without being invited. Contractors have adequate public and employer’s liability insurance and a licence to carry waste. No tree surgeon has special permission to prune protected trees without submitting a notification.
Please be aware that there are specific meanings to different pruning and woodland works, using these incorrectly can result in an invalid application or a refusal.
Important information:
You must make it clear exactly which tree(s) you wish to carry out work to and will require a plan detailing location and species of tree involved. You must also describe exactly what work you wish to carry out and the reasons why you wish to carry out the work. Supporting documentation related to the reasons for the work and photographs will help with your application. For example if you give the reason for the work as being safety or damage to property you will need to provide evidence of these problems.
Works carried out on a protected tree without consent
If you deliberately destroy a tree, or damage it in a manner likely to damage or destroy it, you could be fined up to £20,000, or twice its ‘amenity value’. The courts will decide which the greater value in the magistrates’ court is. In determining the amount of the fine, the court will take account of any financial benefit arising from the offence.
For other offences you could be fined up to £2,500. You will normally have to plant a replacement tree if the tree was cut down or destroyed.
Find out if the owner has requested permission to carry work out on a protected tree.
Compensation
Can I get any compensation if my application to carry out work on protected trees/woodland is refused or conditions are imposed?
If consent is refused or granted with conditions you can seek compensation from your local planning authority for any loss or damage which results. However, you cannot make a claim where, under the terms of the order, the planning authority has issued a certificate saying either:
- that the refusal or condition is in the interests of good forestry, or
- that the trees or woodland have an outstanding or special amenity value.
You can appeal to the Secretary of State against such a certificate. Local planning authorities will not be able to issue these certificates under TPOs, which are made after 2 August 1999. They will be able to issue them under TPOs made before that date.
Some of the main points relating to TPO’s made after 2 August 1999 are:
- no claim can be made if the loss or damage suffered amounts to less than £500
- no compensation is payable for loss of development value or other diminution in the value of land
- no compensation is payable for loss or damage which, bearing in mind the reasons given for the application for consent (and any documents submitted in support of those reasons), was not foreseeable when the application was decided
- no compensation is payable to a person for loss or damage which was (i) reasonably foreseeable by that person, and (ii) attributable to that person’s failure to take reasonable steps to avert the loss or damage or mitigate its extent
- no compensation is payable for the costs incurred in bringing an appeal to the secretary of State against the councils decision to refuse consent or grant it subject to conditions.
If you wish to make a claim for compensation you should write to us within 12 months of the council’s decision or within 12 months of the Secretary of State’s decision if you appealed.
Copy of TPO certificates
Copy of TPO certificates can be provided by our environmental team on 01952 384384. The cost for each certificate is £25.
Last updated : 3 January 2025
How are trees on development sites affected?
Trees on development sites can be protected by TPO’s or by conditions attached to the planning permission or both. Planning conditions may also require you to plant trees, which may be covered by a TPO that have been removed. All new tree plantings will be covered by the existing TPO once they are planted.
Can I carry out work on protected trees, which are in the way of proposed development?
You cannot carry out tree work if you have applied for any form of planning permission as this would be deemed as pre-empting the outcome, nor should you carry out tree work if you have secured outline permission.
We may prosecute you if you have cut trees down or cut them back excessively before development. If the development does not require planning permissions (for example, putting up a garden shed) you must apply to your local planning authority for permission under the TPO in the normal way.
Can I stop planning permission being granted or prevent approved development being carried out by getting a TPO imposed on trees on the site?
No. TPO’S are not designed to prevent planning permission being granted.
We will consider the risk to protected trees when deciding planning applications.
Once detailed planning permission is granted any felling may be carried out which is directly required to enable the development to go ahead.
Last updated : 6 September 2024
Request a tree to be protected by a Tree Preservation Order
The Local Authority can be contacted for you to request a tree be protected by a Tree Preservation Order (TPO)
Send an email to neighbourhoodservices.support@telford.gov.uk and give details of the trees and the reasons why you think they should be protected.
When considering a request we’ll establish that:
- the trees are clearly visible from a public place, such as a highway, public footpath or bridleway
- the loss of the trees would have a significant impact on the local environment and its enjoyment by the public
- the trees are in reasonable health and condition.
In addition, the trees should also be under threat, for example from proposed development or a change in land ownership.
If the Forestry Commission has given aid under a forestry grant scheme, a TPO can be made only with the Commission’s permission.
Object or support a proposed TPO
You can object or support a proposed TPO. You’ll need to do this within 28 days of the proposal notice being issued. The closing date for responses together with details where to send any comments will be given on the notice of intent to make a TPO.
You’ll need to say why you’re supporting/objecting to the proposal and which trees you’re commenting on. Comments can only be considered against the amenity value of the tree(s). We’ll then take these comments into account when it is decided whether to confirm it or not. When the authority confirms a TPO, it can be modified, for example by excluding some of the trees.
The decision to confirm a TPO will be made at a delegated level by officers unless:
- its formally requested by the relevant Ward Member or relevant Parish Council within the consultation period
- in the opinion of the Service Delivery Manager: Development Management and/or Area Planning Manager, the nature of objections is sufficient to require that the TPO should be determined by Committee and reasons why objections are deemed sufficient will be recorded in writing.
If the Tree Preservation order is confirmed there is no right of appeal.
If you’re directly affected by the making of a TPO you can make an application to the High Court if:
- the TPO is not within the powers of the Town and Country Planning Act 1990
- the requirements of the 1990 Act or Town and Country Planning Regulations 1999 have not been complied with in relation to the order.
Current TPO's
Provisional TPO's
A list of provisional orders made that are currently in place for up to 6 months:
- Rear of 193 Holyhead Road, Wellington, Telford, TF1 2DP - Made 28 February 2024 (.pdf Size: 795Kb)
- 1 - 6 Withywood Drive, Malinslee, Telford, TF3 2HT - Made 5 March 2024 (.pdf Size: 992Kb) .
Confirmed TPO's
A list of TPO's that have been confirmed within a 1 year period:
Last updated : 6 September 2024