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Trees

Tree Preservation Orders

These are made by the Local Planning Authority under the Town & Country Planning Act 1990 to protect individual trees, groups of trees or woodlands against felling, uprooting, lopping or other damage. Permission is required from the Council to fell or carry out works to a tree protected by a TPO.

You can discover if your property is near a tree the subject of a TPO by entering the post code of the property in the My West Oxfordshire area of the Council website.

Government Policy advice in regard to Tree Preservation Orders can be found on the Communities and Local Government website. This guidance is aimed at Local Planning Authorities but is a helpful source of advice for others interested in the tree preservation order system. However it should not be regarded as a definitive statement of the law. Anyone unsure of their legal rights or obligations should consult a solicitor.

To find out specific information about a Tree Preservation Order, Contact our Forestry & Landscape Officer on 01993 861662

Trees in Conservation Areas

Conservation Areas are places of architectural or historic interest the character or appearance of which it is desirable to preserve or enhance.

They are designated by Local Planning Authorities (LPA) and are often, although not always, centered on Listed Buildings. Other building and landscape features, including trees, may contribute to the special character of the Conservation Area.

Many of the historic towns and villages in West Oxfordshire have a distinctive character that is worthy of special protection and accordingly they have been designated as Conservation Areas.

Whilst most of the legal implications of living in a Conservation Area relate to buildings and development, the Town and Country Planning Act 1990 makes a special provision for trees in conservation areas.

Anyone proposing to cut down or carry out works to a tree in a Conservation Area is required to give the LPA six weeks prior notice.

The purpose of this requirement is to give the LPA an opportunity to consider the works you intend to carry out in relation to the contribution the tree makes to the Conservation Area and if it is considered necessary, whether a Tree Preservation Order (TPO) should be made in respect of the tree.

Giving Notice

Notice must be given, in writing and must describe the work proposed and include sufficient particulars to identify the tree(s). It may be useful to use the 'Notice of Intention Application Form' available in the 'downloads' section opposite. This will ensure that you provide the correct information necessary to enable your notice to be dealt with as quickly as possible.

You will receive a written reply before the end of the six week period.

Penalties

Be aware that It is an offence to prune, fell or damage a tree in a Conservation Area without giving notice and fines can be severe.

Should you wish to carry out works to a tree that lies within a Conservation Area, you should complete the Notice of Intention Application Form.

If you are in any doubt about the need to notify the Council please contact the Landscape and Forestry Officer

Exemptions

There are a number of exemptions to the notification requirement. You do not have to give the LPA six weeks notice for:

Work on a tree with a diameter not exceeding 75mm (or 100mm if cutting down trees to improve the growth of other trees i.e. thinning operations). The diameter as measured at 1.5m above ground level. In case of multi-stemmed trees, the exemption only applies if the diameters of all the stems are less than 75mm or 100mm, as the case may be.
Cutting down trees in accordance with a felling licence granted by the Forestry Commission or a plan of operations approved by the Commission under one of their grant schemes.
Cutting or removing garden hedges (unless there are specific planning conditions relating to your property).
Cutting or removing garden shrubs.

Dead, Dying Or Dangerous Trees

There are exemptions from the need to notify the LPA before cutting down or carrying out work to trees that are dead or dying or have become dangerous.

However, the law is quite complex on this issue. Determining whether a tree falls within the scope of the exemptions is not always a straightforward matter. It is recommended that advice should be sought from the LPA prior to carrying out work to trees under these exemptions.