Tree Preservation Orders

 

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IMPORTANT CHANGES to the APPLICATION FORM FROM 1ST OCTOBER 2008

Please note that from the 1st October 2008 there has been a new mandatory application form for works to trees covered by a Tree Preservation Order (for details see the PDF document under Useful Links). 

The form is available via the planning portal or available to download via this link -  Application for works to Trees and Hedgerows.

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Tree picture

A Tree Preservation Order is made by the district planning authority.  It is a finable offence to damage or destroy or to fell, top or lop or uproot a tree or trees specified in the order without the authorities consent, except on certain cases.

The cutting down of a tree under forestry dedication agreement, an approved plan of operations or where a felling licence has been issued. 

The cutting down, topping or lopping of a tree:-

Which is dead dying or dangerous;

Which is necessary for the prevention or abatement of a nuisance at law;

In accordance with a statutory obligation;

At the request of a Government Department or statutory undertaker;

Where required under a planning permission

IMPORTANT

Even if you think items 1 or 2 apply it is worth checking with the department before you take action, as you will normally be required to replace the tree.

The purpose of a Tree Preservation Order is to protect important trees in the interests of amenity, often where the trees are immediately at risk.  The amenity should be one that can be enjoyed by the general public.  Proper tree surgery or woodland management is only very exceptionally precluded by an Order.

An Order can cover any single tree, groups of trees or woodlands but not hedges, bushes or shrubs.  Common examples are prominent specimen trees in good condition or blocks of woodland, which are a major landscape features.  Trees in conservation areas are already protected from felling without consent.

If you want to request that a tree be protected then contact Landscape Services Department with as much detail as possible including the reasons for making an order and any information as to ownership.

If you are not sure always contact the Council to ensure that the trees are not protected by a tree protection order, planning constraints or that the tree is within a conservation area

You can find reputable tree surgeons by contacting the Arboriculture Association or by contacting us for further advice

Copies of Tree Preservation Orders are available on request and there is a fee of £1.50.

Useful Links *
More Information *
For further information, please contact BDC Customer Service Centre at csc@braintree.gov.uk
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