Tree Preservation Orders

Local Councils are able to make Tree Preservation Orders (‘TPOs’) in order to protect individual trees, groups of trees or woodlands. A TPO can be made if the Council considers the tree(s) makes an important contribution to the amenity of the local landscape. Trees subject of a TPO cannot be cut down, uprooted, topped, lopped, wilfully damaged or wilfully destroyed, unless the Council consented to the works in advance.

TPOs are subject to the following legislation:

• The Town and Country Planning Act 1990 (as amended)
• The Town and Country Planning (Tree Preservation) (England) Regulations 2012

All TPOs in North Kesteven are shown on an interactive map.

A TPO is effective immediately after it has been made, although the Council has a duty to ‘confirm’ a TPO within 6 months. If a TPO is not confirmed by the Council within 6 months, it will cease to have effect. Anyone can make representations to the making of a TPO; any representations or objections must be made within 28 days of the date the TPO was made. If objections are received, the decision regarding whether or not to confirm the TPO, or to modify it, will be made by The Planning Committee. In all other cases the decision to confirm a TPO is delegated to an Officer of the Council.

Responsibility for maintaining the tree(s) rests with the tree owner. Consent is required from the Council before undertaking any works.

You will need to complete an application form and send it to the Council’s Trees team at nk-treeofficers@n-kesteven.gov.uk. Application forms and guidance notes can be found in the ‘Downloads’ section of this page. Applications can also be submitted via the Planning Portal. You may apply yourself, or you may like to ask a reputable tree contractor/tree surgeon to apply your behalf. When your application has been validated the Council will make determine your application within 8 weeks. Prior to determining your application the Council will visit your property to make a visual assessment of the tree(s). The Council is unfortunately unable to make pre-arranged appointments to inspect the tree(s) subject of your application.

This type of application is free of charge.

If the Council refuses your application, you have a right to appeal to the Planning Inspectorate within 28 days of the date of the Council’s decision.  Alternatively, you could amend your application and resubmit it to the Council for further consideration.

There are a few exceptions to the Regulations, such as: 

• If the tree is dead.
• If the tree is imminently dangerous. The danger must be present, and works must be urgently necessary to remove an immediate risk of serious harm.  In almost all circumstances a written notice must be given to the Council at least 5 days in advance of the date on which the works are to take place).
• If the works are limited to the removal of dead wood from an otherwise healthy tree.
• If you are obliged to carry out work by an Act of Parliament.  This exemption most commonly applies to trees that overhang a public highway and is applicable when you have been issued with an enforcement notice requiring you to maintain statutory clearance of the highway.
• If the work has been authorised by a full planning permission which is to be immediately commenced. This exemption does not apply to outline planning permissions or to permitted development.
• If the tree is a fruit tree, cultivated for the production of fruit in accordance with a business or trade (such as a commercial orchard).
• If the work is to be carried out in accordance with a Forestry Commission grant scheme, or if a felling licence has been granted by the Forestry Commission. If the works are required in order to prevent or control a nuisance (this exemption only applies to the legal definition of and ‘actionable nuisance’).

If you think you may benefit from one of the above exemptions, the Council strongly recommends that you seek advice from the Trees team prior to carrying out any work.

There may be other legal restrictions that prevent works being carried out to trees. These restrictions include but are not limited to:

• Tree felling or maintenance during nesting seasons, or if nesting birds are present.
• Tree felling or maintenance that may interfere with the habitats of protected species such as bats.

For more advice please contact Natural England, and Lincolnshire Wildlife Trust.

If you deliberately destroy a tree subject of a TPO, or if you damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in the Magistrates’ Court. Other unauthorised works could lead to a fine of up to £2,500. The Council may also require you to plant a replacement tree.