Tree Preservation Orders

Tree Preservation Orders are made to protect trees that contribute to the amenity of the area.

The County Council manages 200 Orders that were made prior to 1974. Following this date the responsibility for making new Orders passed to the District Councils.

Should you wish to carry out pruning works to a tree firstly contact your District Council Planning Department who will be able to tell you if the the tree is protected by a District or County Order or is located within a Conservation Area.

Consent is required before any works are carried out to a tree protected by a Tree Preservation Order, including even minor pruning works.

Where a tree is dead, dying or dangerous; or the works are in compliance with obligations imposed by or under an Act of Parliament; or the works are necessary for the prevention or the abatement of a nuisance, you may not require formal consent from the County Council to carry out works to your tree. However, it is the responsibility of the person carrying out the works to prove that an exemption applies.

Notice of any proposed works to trees should except in the case of an emergency be given to the County Council not less than five days before any works are carried out.

There is a statutory duty to replace trees which have died or are removed when they have become dangerous unless the County Council dispenses with the requirement to do so.

For full details of the exemptions to the Order please contact the Landscape Officer on 0116 305 7061. Further information on protected trees is given in the free leaflet, “Protected Trees: a guide to tree preservation procedures”, a copy of which can be downloaded from the Communities and Local Government Department website

It is advisable that works to trees should be carried out by a properly qualified and insured treework contractor, who would also be able to give you advice about your trees and help you with the application. A list of contractors approved by the Arboricultural Association is available to download from their website. The County Council can also supply a list of local treework contractors on request.

Any person contravening the provisions of the Tree Preservation Order by cutting down, uprooting or by wilfully damaging, topping or lopping a tree is guilty of an offence and liable on summary conviction to a fine not exceeding £20,000, or on indictment to an unlimited fine

Applications for Tree Preservation Order consent are public documents, and are available to be inspected and commented on by any person. It is important that your application shows clearly what you propose to do.

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