Tree Preservation Orders

What do the different types of protection mean?

Tree Preservation Orders

A Tree Preservation Order, or TPO as it is commonly referred to, protects a tree under the 1990 Town & Country Planning Act.  TPOs are usually made to preserve trees with landscape and amenity value.

TPOs can protect four main categories:

• Individual Specimen
• Group
• Woodland
• Area

It is illegal to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by a TPO.  Once an Order is made it remains in place in perpetuity unless Torbay Council revokes it.  Therefore, if a TPO'd tree is felled, or dies it MUST be replaced.  The replacement tree then becomes protected.

Conservation Areas

Conservation Areas are sites designated by Torbay Council in recognition of their special built environment characteristics.  All trees within the boundaries of a Conservation Area are protected and it is therefore illegal to lop, top, damage or destroy them without prior consent from Torbay Council.  If a tree within a Conservation Area is felled there is no legal obligation to replace it unless the tree was removed because it was considered dead, dying or dangerous.

Planning and Landscaping Conditions

Existing trees and hedgerows on sites where planning permission has been granted for development may be subject to conditions whereby no works may be carried out on them without prior consent from Torbay Council.  The same conditions may apply to trees that were planted as part of an approved landscaping scheme in conjunction with the development.  Trees in relation to new developments are regarded as a separate issue.  Click related page link for Trees and Development

How do I obtain consent to carry out works to a protected tree?

Once you have ascertained that a tree is protected an application form must be submitted to Torbay Council.  Torbay Council have a standard application form with attached guidance notes available for completion.  Please click below to download a Tree Work Application Form.

Making an Application for Tree Work

All applications must contain enough information and details in order for us to process the application, otherwise it may be returned to you to ask for further details.  Please click below to view an example of a tree work application form which would be considered as valid.

You can now make an application for tree works on-line .  Please click on the link to visit The Planning Portal and follow the instructions on the screen.

If you apply to remove a tree which you believe to be dead, dying or dangerous, these categories are open to conjecture, and professional assessment must be sought to determine whether a tree can be classified as such.

If you are unclear as to what may be appropriate or acceptable works, it is advisable to employ the expertise of a qualified arborist or tree surgeon, who can then recommend what works are necessary for the tree.  A detailed and accurate application can save a lot of wasted time.

Once the application is registered Torbay Council has 6 weeks in which to make a decision in respect of trees in Conservation Areas, and 8 weeks in respect of trees protected by a TPO.  You will receive an acknowledgement letter confirming this.  

In order to determine the outcome of the application, Torbay Council's tree officer may visit the site to inspect the tree in relation to the proposed works.  In some cases the tree officer will have seen the site previously, perhaps at the request of the landowner or their tree surgeon.  If this is the case, a further site inspection may not be necessary.  The tree officer then makes a report on the proposed works, and decides whether to approve or refuse the proposed works as detailed on the application.  If consent is granted it is valid for a maximum of 2 years from the date of issue.