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Tree Preservation Orders 

Introduction 

Tree Preservation Orders or TPOs are used to protect selected trees if their removal would have a significant impact on the environment and its enjoyment by the public.

If you would like to carry out any works to a protected tree, including pruning, lopping, felling or any cutting of roots, you will need to apply to the council for permission.

The maximum penalty for carrying out works to tree preservation order trees without consent is £20,000. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine.

Tree preservation orders are usually placed on trees that are considered to be under threat: for example, where development is proposed. Therefore, many mature trees in the borough may not be protected.

Our priorities for making tree preservation orders are:
1. Individual trees that are at risk and have visual impact on the public realm.
2. Development sites subject to current planning applications. 
3. Re-surveys of sites following re-development.

The Department for Communities and Local Government provides a publication Protected trees: a guide to tree preservation procedures with further information on tree preservation orders.

The council's Arboricultural Services provide further information on tree maintenance issues for trees that are not protected by TPOs.

For general enquiries (non TPO enquiries) about trees or trees on council property (such as, council houses, schools, highways) please contact tree services (arboricultural services) on 020 8215 3000.

  • Trees in conservation areas receive a similar level of protection to trees protected by tree preservation orders. If you wish to fell, lop or top or uproot trees within a conservation area, you must give us six weeks notice in writing. It is an offence to carry out the work within that period without our agreement.

    Further information on conservation areas
     
  • If you want to know if a tree in Barking and Dagenham is protected by a tree preservation order (TPO) or if it is in a conservation area or if you are concerned that a tree is under threat please contact the Planning Policy Team at the address shown.

    If your inquiry is urgent please phone planning reception on 020 8215 3000.

    Please note that we cannot always provide information about TPOs over the phone as further details may be needed or a site visit may be necessary to ensure the correct tree is identified.

    Please provide as much information as possible with your inquiry:
    • Your name, email address and phone number;
    • The address for the tree (house number, street name and postcode)
    • The location of the tree (for example in front garden or on public highway)
    • If the property is privately owned or if it is owned by the council
    • The work you propose carrying out to the tree
    • If a current planning permission applies to the site where the tree is located.
     
  • If you wish to carry out any works to a protected tree (this includes pruning, lopping, felling and any cutting of roots) or a tree in a conservation area you need to complete an application for tree works.

    Application for tree works

    Please read the validation notes to ensure you provide all the required information.

    Validation notes

    You can also apply online at the Planning Portal.

    Any applications to carry out work to protected trees which are alleged to be involved in damage to buildings and / or other structures such as drains, paths or walls need to be supported by technical evidence.
     
  • Except in an emergency, you should give the council at least five days notice before cutting down a protected tree which is dying, dead or dangerous or if you intend to remove dead dying or dangerous timber from an otherwise healthy tree.

    In an emergency, where it is not possible to give the council five days notice, you are advised to provide photographic evidence and a report from a tree surgeon verifying that the tree was dangerous.

    This is in your interests as you could be prosecuted if we believe you have carried out unauthorised work.

    Please note that the landowner is under a duty to plant a replacement tree at the same place.

    If you have any concerns about the safety of a protected tree or a highway tree please phone Barking and Dagenham Direct on 020 8215 3000.
     
  • Where planning permission has been granted, trees may be protected as a condition of that permission. Any works to such trees will require consent from the council and an application for a variation of the planning condition may be required.

    Please contact Planning Policy at the address shown.
     
  • The Wildlife and Countryside Act 1981 makes it an offence to kill, injure, or take wild birds, their young, their eggs or nests. It is also an offence to disturb birds at the nest.

    It is advisable to avoid carrying out any works to trees, hedges and dense shrubs between March and September.  Where works are essential between March and September, a survey by a qualified ecologist should take place no more than five days before the planned works to determine if nesting birds are present.

    If a nesting bird is discovered once works have started, work should cease immediately until the nesting season is over.
    Bats are European Protected Species and are protected by the Conservation of Habitats and Species Regulations 2010 and the Wildlife and Countryside Act 1981 (as amended).

    It is an offence to kill, injure, or take, any bat. It is also an offence to interfere with places used by bats for shelter or protection, or to intentionally disturb bats occupying such places.

    Bat roosts are protected regardless of whether they are occupied at the time of the intended works. Bats can make use of trees throughout the year: for maternity roosts in the summer (May to September); for mating roosts in the autumn (September to November); and for hibernation in the winter (November to April).  

    The presence of bats or bat roosts is not always obvious and it is recommended that you consult a qualified bat surveyor. The Bat Conservation Trust and the Institute of Ecology and Environmental Management can provide lists of suitable consultants.

    Trees identified for removal or for pruning should be surveyed by a qualified ecologist no more than five days before the planned works to determine if bats are present.

    If a bat is discovered once works have started, work should cease immediately, and the licensed bat worker and Natural England called for advice.
     
  • If you would like the council to consider placing a tree preservation order (TPO) on a tree or trees please contact us with details of the tree(s), the location, why you consider a TPO is needed and your contact details.

    Please contact the Planning Policy Team at the address shown.
     
    • Join Barking and Dagenham’s Tree Wardens.
      Barking and Dagenham’s Tree Wardens are a group of volunteers that are interested in actively working to improve the number and condition of trees in the borough. These include trees on roads, in parks, and on private lands. More information can be found on the Arboricultural Services web pages. 
    • Report problems, such as vandalism or damage to trees by contacting Arboricultural Services
    • Plant trees in your garden, school grounds or business. 
    • Never employ house callers or leaflet droppers claiming to be professional tree surgeons. Use tree surgeons or tree consultants approved by the Arboricultural Association, (the professional body for the arboricultural industry) for pruning or felling trees. For more information contact:
      Telephone: 01242 522 152
      Fax: 01242 577 766
      Email: admin@trees.org.uk
      Visit: Arboricultural Association website
     
  • For general enquiries about trees or trees on council property (such as council houses, schools, highways) please contact tree services (Arboricultural Services). For enquiries about Tree Preservation Orders, please contact Planning Policy at the address shown. 

    If you have an urgent message about an immediately dangerous fallen or damaged tree, please contact Barking and Dagenham Direct on 020 8215 3000.

     

Planning Policy

Town Hall

1 Town Square

Barking

IG11 7LU

 

Phone: 020 8724 8097

Fax: 020 8227 5326

Email: planningpolicy@lbbd.gov.uk