Tree Preservation Order
Administration
The Council protects trees within the district by the use
of and administration of Tree Preservation Orders (TPOs).
Trees can also be protected if they are within a conservation
area.
TPOs are used to
protect trees (including areas of woodland) where their
removal would have a significant impact on the local environment
and it's enjoyment by the public. TPOs prohibit the cutting
down, uprooting, wilful damage or destruction of trees and any
works to a tree(s) protected by a TPO first requires the
consent of the Council.
TPOs do not affect the ownership of, or liability for trees on
an individual's property.
Requests for Tree
Preservation Orders
The Council receives requests to
make a TPO from residents of South Staffordshire,
who consider that particular trees, which make an important
contribution to their locality are under threat. TPOs may
also be made as a result of development proposals being submitted
to the Council where the retention of existing trees is considered
important.
Making a
TPO
Before making a TPO the
Council's Arboricultural Officer will visit the site in order
to assess whether the trees are worthy of
protection.
Trees that have major defects,
fungal decay and a history of poor management are unlikely to
satisfy the criteria for protection.
If the Council decide to make a
TPO the Order will be served on all persons with an interest in the
land affected by the Order, that is, the owner and occupier of the
land on which the tree stands and the owner and occupier of
adjacent land, especially if the tree overhangs any boundary.
Orders are often made under
Section 198 of the Town & Country Planning Act 1990 (as
amended).
Following the service of the TPO,
interested persons have 28 days in which to support or object to
the Order. Before the Council decide if the Order should be
confirmed all representations will be considered.
Works on Trees protected
by a TPO
If you wish to carry out work to
a tree protected by a TPO you must first apply to the Council for
consent. A standard application form and guidance notes can
be downloaded below. Once an application is made, a visit
will be made to inspect the tree and we will make a decision within
eight weeks of receiving the application.
It is a prosecutable offence
to carry out work to a tree protected by a TPO, or remove it,
without the prior consent of the Council.