Tree Preservation Orders (TPOs)
A Tree Preservation Order (TPO) is an order that can be made by the council to protect trees that make a significant impact on their surroundings and may be under threat.
This is a legal protection and if a tree is protected by a TPO it is then an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the Council's consent.
This means that before you do any work to a tree protected by a TPO you must apply to the Council for approval to undertake the works.
To find out whether your tree is protected by a TPO please visit our View Protected Trees on a Map page by clicking on the link to the right.
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Works on Protected Trees
Unfortunately the council is unable to offer any consultancy advice on privately owned trees due to insurance purposes. We would suggest contacting a reputable tree company or Arb consultant who would be well placed to advise you of the most appropriate action. We can only assess the proposed works that have been submitted.
If you are unsure as to what work you would like to carry out and would like to seek help, we recommend you contact a Tree Consultant before applying to the Council. A list of consultants approved by the Arboricultural Association can be found at www.trees.org.uk/find-a-professional.
Once you are ready to submit your application to us, you can do so online by following the link to the Planning Portal, listed on this page under 'Other websites'. If you would like an application via email, or guidance notes, please send an email to naturalenvironment@winchester.gov.uk.
Please be warned, carrying out work on a protected tree without the Council's consent can result in a criminal prosecution and a hefty fine of up to £20,000.
If your tree is dead or dangerous, the Council should be given five days’ notice before any works are carried out, unless it is an emergency. We advise that you notify the Council as soon as possible to minimise any negative repercussions. We require the tree species, works required and a photograph showing the dead/dangerous tree. Please send the information to naturalenvironment@winchester.gov.uk.
If you see work being carried out on a tree that you think may be protected, please contact Winchester City Council on 01962 848 301 or email NaturalEnvironment@winchester.gov.uk (Mon-Fri). You will still be able to contact us in an emergency on 01962 865 407.
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Applying for a TPO
If you would like to apply for a TPO to be put on a tree, please could you provide the below information by email to naturalenvironment@winchester.gov.uk.
- The address or location where the tree(s) are situated;
-A map identifying the location of the specific tree(s);
-The reasons for wanting a new TPO i.e. proposed development, prominent tree etc.;
-Perceived level of threat;
1) Immediate threat to tree
2) Foreseeable threat to tree
3) Perceived threat to tree
4) Precautionary only
We will assess the information, and respond in due course. Please note this does not guarantee a TPO will be placed on the tree – our tree officers will assess the application, and take the above factors into consideration.
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Process of making a new TPO
- WCC receives information to assess tree/s for potential TPO. WCC will assess this on a case-by-case basis, depending on the threat level of the tree.
- Officers undertake preliminary investigations including discussing the issue with the person who has raised the concerns (if applicable), checking mapping and database systems and requesting photographs. The tree team staff will acknowledge receipt of the information, and this will be passed on to tree officers to assess. The urgency will depend on the threat level. The owners of the land where the tree/s are in situ will not be made aware of any potential TPO at this stage.
- If the tree is potentially of high amenity value and the threat is deemed viable, the Tree Officer visits the site to:
-assess the trees for their amenity value including ie whether the trees can be seen from the public domain; view the trees from numerous angles and consider their contribution to and relationship with the landscape;
-assess the size, health and form of the tree;
-assess any mitigating issues such as disease or clear damage to property;
-assess future potential as an amenity asset;
-assess the biodiversity, cultural or historic value;
-Undertake a Tree Evaluation Method for Preservation Orders (TEMPO) assessment to quantify whether the tree is worthy of a TPO;
-plot the tree’s location and categorise whether it is an individual, group or woodland order that is required.
4. Assuming the tree/s are worthy of a TPO, the tree officer will contact legal providing:
-Authority to make the TPO (signed in accordance with delegated powers)
-Map
-Addresses to be served (owner and affected neighbours)
-Land registry searches
-Instruction for site notice
Legal will:
-Prepare and seal the provisional TPO
-Prepare letters from the list provided by the tree officer & any related interested parties i.e. mortgage companies (from the land registry searches.
-Prepare any site notices as instructed by the tree officer.
-Pass the letters and site notice to the tree officer.
-Update SharePoint and advise tree officer, natural environment & land charges.
6. The tree officer will serve a provisional TPO. Letters including a copy of the provisional TPO will be hand delivered to the occupier of the land affected and any neighbouring land materially affected by the trees. Legal will post by tracked next day delivery letters that cannot be hand delivered.
7. Where appropriate, site notices are erected in a prominent location on the public highway near to the protected trees and on the main entrance to land or property. A copy of the provisional Order is attached with the site notice in a waterproof sleave. Details are listed on the site notice on how to comment on the provisional TPO.
8. Once served, a TPO is initially provisional and valid for a maximum of six months. Within this time the order must be confirmed, not confirmed or confirmed with amendments.
9. It is good practise that if there are no objections received within the timeframe (the Council must provide at least 28 days, the exact date for objections will be stated in the letter & in the site notice) the TPO can be confirmed. Advise legal, with the signed authority and the documentation will be prepared – see point 20
10. Anyone can write to the council either supporting or objecting to the TPO. The Council will allow at least 28 days (exact date for receipt of correspondence will be in the letter and in the site notice) for letters of representations to be received.
11. Following the receipt of letters of representation to the TPO, the Tree Officer to contact the objectors to resolve any concerns or issues raised (including a site visit if applicable.
12. In the event that an objection(s) cannot be resolved the TPO will be referred to the next available Planning Committee, which will take place within 6 months of the provisional order date.
13. The tree team staff will acknowledge receipt and add the comments to the TPO file. We will not discuss the points raised in the objections and will outline the next steps in the process. When the committee date is set the interested parties will be invited to speak at the committee to discuss the points raised.
14. Ten days before the confirmation of the TPO is due to be heard at Planning Committee, the Council will notify all supporters and objectors via letter or email.
15. Any person wishing to make representation at the Planning committee must register their wish to do so by contacting the Public Speaking Co-ordinator within the Planning Department as soon as possible, but prior to the deadline of 4.00pm on the Thursday prior to the meeting date via email: planning@winchester.gov.uk or telephone 01962 848339 to register to speak and for further details.
16. If objectors or supporters of the TPO wish to give a presentation or display photographs at the Committee to support their reasoning for their representation they must have prior permission before the committee meeting and they should make their wishes known to the Public Speaking Co-ordinator as soon as possible.
17. Objectors and supporters will be allowed 3 Minutes to make representation at Planning Committee (City Council Ward members are allowed 5 minutes to make representation).
18. The Planning Committee will make a decision whether to confirm, not confirm or confirm with amendments.
19. The Tree Officer must in all cases, email the Legal team informing them that the TPO is to be confirmed, not confirmed or confirmed with amendments - whether the decision is taken by Committee or under delegated powers. The Legal Team will not confirm unless instructed to do so by a Tree Officer- even where the decision was taken by Committee.
20 Once authority is received Legal will:
-Prepare and seal the TPO Order with the decision.
-Prepare the letters to advise the landowner and any related interested parties.
-Pass the letters to the tree officer for hand delivery & post any other letters by next day tracked delivery
-Update SharePoint & advise the tree officer, natural environment and land charges.
21. There is no right to appeal to the Secretary of State against an authority either making or confirming an order. The validity of an order cannot be challenged in any legal proceedings except by way of application to the High Court.
22. If the TPO is confirmed, applicants must apply to the council before carrying out any tree work and must receive a permitted decision on the application before any work can be carried out.
