Trees are an important natural asset and contribute much to
the quality of our urban and rural environment. In addition to
their visual amenity, trees act to filter noise, light and dust and
play an essential role in the ecological system.
Illegal works include;
- Felling
- Lopping, crown reducing, topping, pruning to your
boundary.
- Uprooting
- damaging roots
- wilful damage or destruction
How a TPO is made
The Council's Tree Officer will inspect the tree(s) and assess
whether or not he considers that a TPO is required. If he is of the
opinion that it would be appropriate to protect the tree(s), he
will recommend that an order be made. The Council will write
to the owner and other interested parties to advise them of the
order and will usually display a notice of the order near the
tree(s). Members of the public and other interested parties will
have the opportunity to register their support or objections to the
order by writing to the Council within 28 days of the service of
the notice giving details of their objections / support. The
Council will take these representations into account when deciding
whether or not to confirm the order.
Requesting the making of a TPO
Residents can ask the Council to consider trees for a TPO (tree
preservation order) by contacting Planning Development.
It is helpful if details of the tree(s) can be provided
including a plan showing its location and reasons why it should be
protected.
Please contact us if you suspect a tree is at risk of being
felled or damaged
023 9244 6525 or 023 9244 6015
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Obtaining consent for works to trees with a TPO
Tree Request Form
Works to a tree in a Conservation Area or subject to a
Tree Preservation Order
(enquiry form)
Please use this form to enquire as to whether
you would be likely to gain permission to carry out
proposed works to a tree that is either subject to a Tree
Preservation Order or is within a Conservation Area. Please
note that this is not an application form - see the section
below.
Word Document (48Kb doc)
Adobe Acrobat (20Kb pdf)
Tree Works Application Form
Works to a tree in a Conservation Area or subject to a
Tree Preservation Order
(applications form)
This form is for consent for works to trees subject to a Tree
Preservation Order (TPO) and/or notification of proposed works to
trees in conservation areas
Please make sure you read the Guide and Checklist
documents below to ensure you supply all the relevant information
required for us to consider the application.
Application Form (162Kb pdf)
Guide (132Kb pdf)
Checklist (34Kb pdf)
If you do not own the tree you must also obtain the owner's
permission before carrying out the works.
Carrying out work on a protected tree without the Council's
consent is usually an offence and can result in a criminal
prosecution and a fine of up to £20 000. Certain works do not
require the permission of the Council e.g. where works are required
because the tree is dead, dying or dangerous. Nevertheless, the
Council should be given five days notice before any works are
carried out, unless it is an emergency.
The Council aims to determine tree applications within 8
weeks. The Tree Officer will carry out a site visit and take into
account the following:-
- The location and setting of the tree
- The health of the tree
- Its amenity value
Each case will be determined on its own merits.
The Council may either Grant Consent with
conditions or Refuse Consent, A consent will nearly always
include a condition requiring an Officer appointed by the Council
to be present when work is being carried out. Permission
to fell a preserved tree usually carries a condition to plant a
replacement, which will automatically become the subject of the
TPO. The owner has a right of appeal against any refusal of consent
to do works to the tree
If you see or suspect that
unauthorised work is being carried out on a tree that you think may
be protected, please contact us
023 9244 6525 or 023 9244 6015
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Trees in Conservation Areas
Virtually all trees are protected in these areas. Some of
these trees may also have a Tree Preservation Order (TPO).
Check with to find out whether a tree is located within a
conservation area or if there is already a TPO (tree preservation
order) covering a tree before any work is considered. Details of
all the conservation areas within the Borough are
available from this web site on the
Conservation
Areas in Havant page.
Anyone wishing to undertake works to a
tree within these areas must give six-weeks written notice to the
Council of their intention. This enables the Council to inspect the
site and to consider whether a TPO needs to be made. You do not
need permission if you want to work on a tree less than 75mm in
diameter (measured 1.5m above ground level), unless it has replaced
a tree previously covered by a TPO.
If a tree is dead, dying or dangerous formal notification is
not required but it is still suggested that the Council be
informed. Evidence of the trees condition should be kept and a
photo will often suffice.
Trees removed for this reason must usually be replaced.
The penalties for undertaking works to tree(s) within a
conservation area without giving the six-week notification period
are similar to those for undertaking unauthorised works to a
tree(s) covered by a TPO.
Notification Procedure
Notify the Council of the intended works using our application form (101Kb doc) or
in writing as with TPO
applications.
You must give six weeks notice of any intended works.
Within that time the tree will be inspected by the Tree
Officer and he will consider the effect of the proposed works on
the health and setting of the tree.
The Council will either write to raise no objection to the
works or make a TPO (Tree Preservation Order). If a TPO is made,
the works outlined in the notification application
cannot be undertaken and would need to be the
subject of a separate tree application that will be considered in
the usual way.
Any agreed work must be completed within two years
of notification or a new notification of intent must be
made.
Ownership and Liability
Trees normally belong to the land on which they stand
regardless of who planted them and are therefore the property of
the owner of the land, unless otherwise stated in a tenancy
agreement for example.
The position of the trunk determines ownership and this may be
shared if the tree straddles a boundary. The ownership of a tree
carries with it the responsibility for its maintenance and
therefore any problems or damage that it may cause if it can be
demonstrated that the owner was negligent in allowing the tree to
become dangerous. The fact that a tree is covered by a TPO does not
mean that the Council will be responsible for its maintenance. The
courts have suggested that a tree owner should inspect his trees
for potential problems on a regular basis. If an owner fails to
inspect his trees or fails to act on the recommendations of an
inspection, he may be judged negligent and liable to pay for the
damage caused. Liability can apply as much to the roots of the tree
as it does to the branches, where they cross a boundary and cause
damage. Negligence is not a consideration where the problem could
not reasonably be foreseen.
Forestry or Woodland
The Forestry Commission of Great Britain is the government
department responsible for the protection and expansion of
Britain's forests and woodlands.
Queries on trees in forestry or woodland areas should usually
be made to the Forestry Commission (contact details below) although
a check should still be made to see if a TPO is in place.
Further Information
A guidance note has been produced by the Planning Department
and is available in the Planning
Advice Notes section
of this website.
Alternatively copies are available from the Customer
Services Reception at the Public Service Plaza
Contact
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Tree Officer
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To apply for a TPO, to find out if a tree is covered by a TPO,
to carry out works to a TPO or for advice on the protection of
trees
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Telephone:
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023 9244 6525
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| Email: |
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| Forestry Commission |
For information on trees in forestry or woodland areas
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| Tel: |
0845 367 3787
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| Email: |
enquiries@forestry.gsi.gov.uk |