Application for Works to Trees Subject to a TPO and Trees in a Conservation Area
Please note that the application form cannot be completed
on-screen and must be printed before completion.
Help Completing the Form
1/2. Applicant’s And Agent’s Names And Addresses
You may submit the application yourself; you do not have to use
an agent, nor do you have to be the owner of the tree(s). Complete
both boxes if the application is being submitted by an agent (e.g.
a friend, relative or technical adviser who is acting on the
applicant’s behalf).
Your tree work contractor’s name should not be entered here
unless they are handling the application on your behalf. All
correspondence, including the decision letter, will be sent to the
agent. Arrangements for a site visit will also be made through the
agent.
3. Tree Location
Where the trees grow in more than one property, or where a tree
trunk straddles the boundary between two properties, enter the
details of the property which is different from the applicant’s
address and the details of any other properties in the space at the
bottom of this box.
4. Tree Ownership
The owner of the tree is usually the owner of the land on which
it grows. Please provide their address if it is different from the
address of the site where the tree(s) stands that you have already
entered in Box 3.
Please provide an explanation separately of tree ownership where
a tree is on the boundary and is the joint responsibility of the
applicant and the neighbour, or where consent is sought for trees
on both properties.
5. What Are You Applying For?
Refer to the leaflet Protected Trees: A Guide to Tree
Preservation Procedures. In conservation areas, notice is required
for works to trees that have a trunk diameter of more than 75mm
when measured at 1.5m from ground level (or more than 100mm if
reducing the number of trees to benefit the growth of other
trees).
6. Tree Preservation Order Details
The LPA may be able to help you answer this question. You should
find the title at the top of the Order. For example: City of
Woodville (No. 4) Tree Preservation Order 1992 or City of Woodville
(1 Garden Court) Tree Preservation Order 1992.
You don't have to own the tree(s) to apply for consent but it is
good practice to let the owner know what you are proposing. You
will still need to get any necessary agreements or permissions from
the owner before carrying out any work permitted by the LPA.
7. Identification Of Tree(s) And Description Of Work
Identifying the tree(s)
Please give the species of tree if known (e.g. oak, Scots pine);
Latin names are not required. Where known, use the numbering of
trees from the First Schedule of the TPO (e.g. T1 ash, or two
cherry and one birch in G2). Make sure other trees are identified
by using a different sequence e.g. A, B, C etc. Make sure the
numbering matches that used on the sketch plan (see notes for
8).
Describing the works and reasons
Please make clear to which trees the descriptions of works and
reasons apply. Reasons must be given for work to trees protected by
a TPO. For trees in conservation areas, giving reasons for work
would be helpful, but is not mandatory.
It is vital that you clearly specify the works you want to carry
out for each tree included in your application. A proposal simply
to "cut back", "lop" or "trim" some branches is too vague because
it fails to indicate the extent of the works.
Examples of common tree work operations are shown on the
following page.
Poor tree surgery
Proposals that would endanger the health or condition of a tree
or greatly reduce its amenity value to the local environment are
unlikely to be allowed unless there are strong reasons to do
so.
Planting replacement trees
Unless there are good reasons, a condition is usually made for a
replacement tree to be planted when granting consent to remove a
tree protected by a TPO. Please use this opportunity to show your
preference of tree should the LPA approve your application and make
such a condition.
Common tree work operations
General information - The common operations
described and simply illustrated here show some of your
options.
An arborist should be able to help in defining the work that
will be appropriate for the tree(s) and in line with British
Standard BS 3998 – Recommendations for Tree Work.
- Please note that the entire branch system is known as the
‘crown’.
- LPA approval is not required to remove dead
branches.
Crown Thinning - This reduces the density of
the tree’s crown without changing the overall shape and size of the
tree. Thinning reduces the amount of foliage and allows more light
through the canopy or crown.
The amount of thinning proposed should be specified as a
percentage (%) of the leaf area (usually no more than 30%).
- Useful for letting more light into gardens and windows
Crown Lifting - This means removing lower
branches to increase the clearance between the ground and the
crown.
Identify the branches you wish to remove, or specify a height
above ground level to which you wish to "lift" the crown.
- Useful for allowing more light into gardens
- Prevents low branches obstructing paths, drives etc.
Crown Reduction - The tree crown is reduced by
shortening branches, and so changes the overall size and shape of
the tree. Reductions are usually carried out all round the outer
parts of the crown to maintain a balanced shape, but seldom should
it include cutting through the main stem.
The amount of reduction proposed should be stated in terms of
the intended height and spread of the tree after pruning (rather
than what percentage (%) of the overall crown is to be
removed).
- Partial reduction may be useful for preventing branches
contacting buildings, roofs and guttering
8. Additional Information
When setting out the reasons for proposed works to trees
protected by a TPO, please provide sufficient evidence to support
your case. Note that failure to supply precise and detailed
information may result in your application being rejected or delay
in dealing with it. Additional information should be posted or
hand-delivered at the same time as the form or supplied
electronically in support of your application. Applications cannot
be processed until all mandatory information is received by the
LPA.
References to an arboriculturist refer to a person who has
recognised qualifications, experience and expertise in the field of
tree management.
Sketch plan identifying the trees
The sketch plan should show boundaries and adjoining properties
(including house numbers or names) and names of roads. It is not
necessary to draw a scaled plan, but it may be useful to show
approximate distances between the tree(s) in question and other
relevant features. If possible, include an arrow showing north.
Show the position of the tree(s) in relation to buildings and add
the numbering used in Box 7.
It may be helpful to show other trees in the garden to help the
LPA identify the trees on the form. If there are many trees, it is
important to make it clear which tree(s) you want to work on.
If it is impossible to identify the tree(s) accurately on the
plan (e.g. because they are part of a woodland or group of trees),
please identify their approximate location on the plan and explain
how the tree(s) have been marked on site (e.g. coloured tape, tree
tags). The bark of trees must not be damaged e.g. by scarring or
cutting into the bark.
Photographs can be useful, particularly where you wish to
identify the trees you want to work on or to show specific work
where there could be doubt e.g. marking a major branch to be
removed. If you do submit photographs make sure that it is clear
which tree is shown.
For work to trees covered by a TPO
Unless the LPA agree in writing that the tree(s) is of very low
amenity value you must provide the information detailed below when
your application relates to the condition of the tree or damage
that it is causing.
Condition of tree(s)
The presence and impact of pests, diseases or fungi that require
work to be carried out to the tree(s) should be described in
written evidence or diagnostic information from an arboriculturist
or other appropriate expert. Arboricultural evidence must be
provided to support applications that suggest the tree has defects
that may be of concern to the current or future safe retention of
the tree or parts of the tree.
Subsidence
Reports will usually be provided by a structural engineer and/or
a chartered surveyor and be supported by technical analysis from
other experts e.g. for root and soil analysis. These reports must
include the following information:
- A description of the property, including a description of the
damage and the crack pattern, the date that the damage first
occurred/was noted, details of any previous underpinning or
building work, the geological strata for the site identified from
the geological map
- Details of vegetation in the vicinity and its management since
discovery of the damage. Include a plan showing the vegetation and
affected building
- Measurement of the extent and distribution of vertical movement
using level monitoring Where level monitoring is not possible,
state why and provide crack-monitoring data. Data provided must be
sufficient to show a pattern of movement consistent with the
presence of the implicated tree(s)
- A profile of a trial/bore hole dug to identify foundation type
and depth and soil characteristics
- The sub-soil characteristics including soil type (particularly
that on which the foundations rest), liquid limit, plastic limit
and plasticity index
- The location and identification of roots found. Where
identification is inconclusive, DNA testing should be carried
out
- Proposals and estimated costs of options to repair the
damage
In addition, you must include a report from an arboriculturist
to support the tree work proposals, including arboricultural
options for avoidance or remediation of indirect tree-related
damage.
Other structural damage
Technical evidence in respect of other structural damage (e.g.
garden walls, drains, paving, drive surfaces) should be provided by
a relevant engineer, building/drainage surveyor or other
appropriate expert.
9. Council Employee / Member
You must declare whether the applicant or agent is a member of
the council’s staff, an elected member of the Council or related to
a member of staff or elected member of the Council.
Serving elected members or planning officers who submit their
own planning applications should play no part in their
determination and such applications should be determined by the
planning committee rather than by planning officers under delegated
powers.
For the purposes of this question, 'related to' means related,
by birth or otherwise, closely enough that a fair-minded and
informed observer, having considered the facts, would conclude that
there was a real possibility of bias on the part of the
decision-maker in the local planning authority.
What happens next?
Tree preservation order
applications
The LPA will usually carry out a site visit to help them assess
the proposed works. They may discuss alternative works with you.
You will have a right of appeal to the Planning Inspectorate where
the LPA has not issued a decision within either eight weeks or two
months of your application, depending on the age of the TPO. You
should confirm with your LPA which period applies; alternatively
you can agree an extended period with them. Details of these
processes can be found in the leaflet Protected Trees: A Guide to
Tree Preservation Procedures mentioned in ‘Further Information’
earlier in this guidance.
Conservation area notices
The LPA has six weeks within which they can object to your
proposals. This gives the LPA the opportunity to protect trees of
amenity value, which may be harmed by the proposed works. A site
visit is usually carried out. The LPA can only object formally by
making a TPO on the tree(s) concerned. In many cases, where the LPA
feel that the works are inappropriate, they may discuss alternative
work with you. If you do not receive a decision within six weeks of
your notice then you can carry out the works you gave notice for,
but no more. If a TPO is made this will prevent you doing the work
without making an application for consent. You will have the right
to object to the TPO and the LPA will provide details on how to do
this.
If you need any further help or guidance
please email the Planning
Enquires team or telephone 01233 330264.
This webpage was updated on
4/18/2012