The Pioneers statue celebrates the canal builders who founded Ellesmere Port and was cast in bronze by Liverpool artist Stephen Broadbent.
What is a Tree Preservation Order?
For many years local authorities have had the statutory power to protect trees in private ownership by
the making of Tree Preservation Orders (TPOs).
Generally a tree preservation order is made when the local authority considers that the tree (or trees)
contributes to the amenity of the area and it enables the authority to maintain a record of all such trees in
its district thereby ensuring the continuity, as far as possible, of the beauty of an area.
In what circumstances is a Tree Preservation Order made?
Most local authorities do not have the resources to identify and protect all trees in their administrative areas which contribute to amenity. Sites are therefore generally considered for a TPO when the trees may be considered at risk or when a planning application is submitted which could have an affect on the trees. The council maintains a record of all tree preservation orders in the borough.
What is the effect of a Tree Preservation Order?
The main effects of a TPO are to prevent the wilful damage to, and the wilful destruction of, a protected tree or trees, and to prohibit the cutting down, uprooting, topping, lopping of such protected trees without the prior consent of the local planning authority. Under section 210 (1) of the Town & Country Planning Act, 1990 it is an offence to carry out such works without the authority's consent and anyone found guilty of this offence is liable on summary conviction to a fine of up to £20,000. In serious cases a person may be committed for trial to the Crown Court and be liable on conviction to an unlimited fine. The legislation
underlines the importance of trees in the community. Nevertheless it is not the intention of your council to be obstructive or to prohibit any necessary work on a tree.
Can I object to a new Tree Preservation Order?
Yes, anyone can object to a new TPO. The notice that is served on the tree owner, the occupier of the land and affected neighbours, will state that objections should be made to this council within twenty-eight days of receipt of the notice. Objections should be in writing and should relate to the specific trees mentioned in the provisional TPO. If the objections cannot be resolved by discussion, the council will consider the objections at a meeting of Planning Committee to which the objectors will be invited. At this meeting the order may be confirmed, modified or withdrawn.
Does a Tree Preservation Order mean that the council looks after my trees?
No. The tree or trees remain the responsibility of the owner but the owner or any person wishing to undertake tree work must obtain the council's consent first before carrying out any felling or pruning, etc.
How do I apply for consent and is there a charge?
In the past, a tree consultancy service has been provided to the borough's residents for tree owners who live within conservation areas or whose trees are protected by tree preservation orders. Although the service has been offered at no cost to the householder, it has placed an increasing burden on the council's tree budget. The Local Government Act, 2003 has recently given local authorities new powers to borrow, trade and to charge for discretionary services. With the continuing pressure on its very limited resources, the council has reluctantly decided to change the way it operates its tree consultancy service and to charge for the services of the professional tree consultant.
The legal requirements to give the local planning authority six weeks written notice of intended tree works for trees in conservation areas remains unchanged. So, too, does the requirement to apply to the local planning authority for consent to carry out work on trees protected by tree preservation orders. It is an offence to carry out work on protected trees (except dead, dying or dangerous trees) without prior consent of the council. If in doubt, please check with Planning Services (tel: 0151 356 6682).
(a) Requests for simple pruning works
Telephone Planning Services on 0151 356 6682 and give your details and a brief statement as to what you want doing to the tree and why. An officer from the council will arrange to visit you by appointment to inspect the tree(s). This service is still free of charge. The proposed work will be considered purely from the tree's amenity value and to ensure that it is in keeping with good
arboricultural practice.
It is important to note that the tree will not be inspected from either a health or a safety point of view.
You will be given an application form to complete. When this is received by the council and duly registered,
you will be advised of the council's decision within a few days. You must not carry out any tree works until
you have received formal consent in writing.
(b) More complex tree works including requests for felling, health checks, etc.
As from January 2005, owners of protected trees or trees in conservation areas will have the choice between using the services of the council's tree consultant or submitting a written report to the council from their own suitably qualified tree contractor/consultant.
Whatever the choice, as now, a completed application form will still be required by the council
(and/or written notice of intended works in the case of trees in a conservation area).
It is important to note that the tree consultant's advice on site does not constitute a formal consent for the tree works.
A formal notice will only be issued by the council once both the application and the consultant's report have been received.
Choosing a tree surgeon
The council does not produce a list of approved contractors nor does it recommend any particular tree surgeon or contractor, but a general guidance note on tree surgeons is available from Planning Services. Beware of so-called tree surgeons who just appear on your doorstep or any who might say they have been recommended by the council. They have not been recommended. There are several good tree surgeons who operate in the borough and may be found in the Yellow Pages under 'Tree Work'. It is important
that you choose a contractor who has public liability, etc. insurance of at least £1 million and is qualified to carry out the tree work to the British Standard BS.3998 (Recommendations for Tree Work).
What do I do if the council refuses permission to carry out any tree work?
The council will not wilfully refuse permission where clearly such work is in the best interests of the
tree. If, however, you disagree with the council's reasons for refusal, you have the right of appeal to
the Secretary of State. The appeal must be made within twenty-eight days of receiving the council's
decision.
Can I claim compensation if consent to fell a protected tree is refused?
Compensation may be payable for loss or damage if consent to fell is refused, unless for orders made
before August 1999 the council has issued a certificate which states that either the refusal is,
(i) in the interests of good forestry, or, if the trees are not in a woodland, (ii) that the trees have an
outstanding or an amenity value. The right of appeal against refusal of consent includes a right of
appeal against a certificate. For TPO's made on or after 2 August 1999, the local planning authority
cannot issue an 'article 5' certificate but there is a general right to compensation.
Is there anything else required by a Tree Preservation Order?
If consent is given for the felling of trees, the legislation stipulates that replacement planting must be carried out and the council will advise of the number, size and species as appropriate to be planted. The council will need to inspect the replanting before closing the file on that application. Sometimes it may be inappropriate to replace a tree - for example, because of lack of space - and in such a case the council will advise accordingly. It is worth noting that the replacement tree itself automatically becomes protected under the Tree Preservation Order.
What do I do if a tree becomes dangerous - for example, after a storm?
Specific consent from the council is not necessary to cut down, lop or top any tree which is dead, dying or dangerous. Sometimes circumstances dictate that action needs to be taken urgently to remove a danger. In such cases - particularly when the council's tree consultant is not available - and where there is immediate danger, a reputable tree surgeon should be contacted and remedial action taken straight away to remove the threat.
The onus is on the tree owner to prove that a tree was dangerous before felling it. For emergency situations, it is recommended that the owner takes two or three clear photographs to show the state of the tree and the apparent danger. In less urgent cases, it is always advisable to seek the council's advice beforehand and the owner should give the council at least five days' notice of his intentions. If a tree (outside a woodland) becomes such that it is considered to be 'dead, dying or dangerous', there is still the legal obligation under the tree preservation order to replace a felled, protected tree with a replacement.
Can I have a TPO put on trees?
Although the council has over 200 separate tree preservation orders in the Borough, many of them are now quite old and the council does not have the resources for updating them. In March 2002, members of Planning Committee decided that, because of financial constraints, new tree preservation orders would only be made in respect of trees which are under proven and imminent threat.
If you feel this is the case for any particular tree or trees, telephone or write to Planning Services telling us where the trees are and what the threat is. If the council agrees that the trees are under threat, every step will be taken to protect the trees as quickly as possible. The council's tree consultant will be asked to inspect the trees and to confirm that they are worthy of a preservation order. It should be noted, however, that where a tree is in private ownership and is not going to be protected, the council has no powers to stop any work being carried out on it.
What is a Felling Licence?
Under the Forestry Act, 1967 a felling licence is required from the Forestry Commission for the felling of a relatively low volume of wood (just five cubic metres may be felled in any calendar quarter without a licence, as long as no more than two cubic metres are sold). If anyone proposes to fell trees which are protected by a TPO and the proposal requires a felling licence under the 1967 Act, a felling licence application must first be submitted to the Forestry Commission.
The main cases where a felling licence is not required are:
| (i) lopping or topping of trees, | |
| (ii) felling of trees in gardens, orchards, churchyards, or public open spaces, | |
| (iii) felling of trees with a diameter of 8 cms. or less (measured at a height of 1.3 metres from the ground), or 15 cms. in the case of coppice or underwood, | |
| (iv) thinning of trees with a diameter of 10 cm. or less. |
If in doubt, the Forestry Commision should be contacted.
I live in a Conservation Area - how does this affect my trees?
Trees which are already covered by a TPO are subject to the normal TPO controls. Under section 211 of the Town and Country Planning Act, 1990, anyone proposing to cut down or carry out work on a tree in a conservation area is required to give the council six weeks' notice of his intention to do so. The purpose of this requirement is to give the council the opportunity to consider bringing the tree under its general control by making a TPO in respect of it. Notice may be given by letter to the council or by completing a form available from Planning Services.
I have a hedge. Can this be covered by a TPO?
No. Very occasionally when an old hedge has grown unattended into tall trees those trees can be protected by a TPO. However, the new Hedgerow Regulations, 1997 give protection to countryside hedgerows with similar restrictions to tree preservation orders. Further details are available on request from Planning Services.
Grant-aid for planting trees.
The council is keen to protect existing trees and to encourage more trees to be planted in the borough although it does not have resources at present to offer grant-aid. Grant assistance is generally available from the Forestry Commission for planting schemes involving planting more than 0.25 hectare. In the Ellesmere Port area, which is part of the Mersey Community Forest, Forestry Commission grants are increased.
For further information telephone: (0151) 356 6611.
