Tree Preservation Orders (TPOs) enable the council to protect important trees. They can be placed on any tree, group of trees or woodland that has significant amenity value.
Trees that are exempt from TPOs are those that are:
Some commercially grown fruit trees are also exempt.
Tree preservation orders prohibit:
- Cutting down
- Uprooting
- Topping and lopping
TPOs also protect trees from wilful damage or destruction.
Removal of dead wood may be exempt. Contact the council to check this (contact details are below).
Penalties
Doing work without the council's consent is an offence. If convicted by a magistrate, the maximum penalty is £20,000. Crown courts can impose unlimited fines.
The council's policy
The council will investigate threat to trees. It makes temporary orders if the tree has significant amenity value. These orders allow for discussion over a period of six months. The council will usually decide whether to make the temporary order permanent within this period.
For a guide to the law and best practice on Tree Preservation Orders please see the urban policy on the Department of Communities and Local Government website. Or you can get advice from the Environment team (contact details are below).
Application forms for work to trees protected by a Tree Preservation Order can be found on our planning application forms page.
Replacing trees
If someone removes a tree without consent they must replace it. They must also replace it if it were a tree that was dead, dying or dangerous. The council can make people put trees back by serving a notice on them.
If the council decides to allow the removal of a TPO tree it may require a replacement. The original TPO does not protect replacements. The council will protect the tree(s) by using conditions or, by modifying/remaking the TPO.
Trees in conservation areas
Nearly all trees in conservation areas are protected.
Anyone wishing to fell a tree or carry out works to a tree in a conservation area must give the council six weeks written notice.
The council then checks if the tree is covered by a TPO, or whether to make a TPO to protect the tree from future works.
It is an offence to start works without the council’s consent. This could result in a penalty as stated above.
If a tree is dead, dying or in a dangerous condition consent is not always required. Except in an emergency, the council will normally expect to be given five days notice of removing these trees.
Contact the council's Tree Officer for more information (contact details below).
Notice of intention to cut down or carry out work to trees in a conservation area forms can be found on our planning application forms page.
Replacing trees in conservation areas
If the council decides to make a TPO then the provisions for replacing trees are as in the TPO section above.
If the council decides not to make a TPO then the trees can be removed. In most cases the reason for not making a TPO will be that the tree has no significant amenity value.
If someone removes a tree in a conservation area without permission, or because it is dead dying or in a dangerous condition, they must replace it.
Contact information
Andrea Brocklebank
Environment team,
North Lincolnshire Council
Church Square House
PO Box 42
Scunthorpe
DN15 6XQ
Email: andrea.brocklebank@northlincs.gov.uk.
More information
To find out what the council's planning policy on trees and TPOs is please see the document below:
More information about trees can be found on our trees and development page.