Tree Preservation Orders (TPO)

A Tree Preservation Order (TPO) is a legal, written order made by us. It generally makes it illegal to do any of the following to a tree covered by the order without our formal, written permission:

• cut it down
• prune the branches or roots
• uproot it
• damage it in any other way.

TPOs can cover anything from single trees to woodlands, but don't cover bushes or shrubs. Other laws cover the cutting down of hedgerows. Separate laws cover trees in conservation areas.

There has been a lot of publicity recently about Chalara dieback of ash. For more information and who to contact to report suspected cases of the disease, visit the Forest Research website or the Arboricultural Association website.

Why are some trees covered by an order and some not?

We put a Tree Preservation Order on trees that are of special visual importance. TPOs protect the general public's enjoyment of the trees. They are particularly important when trees are in danger of being lost – for instance, where there is a planning application for a development that may threaten the trees.

Anyone can suggest to us that a TPO is put on a tree. We will then decide if it is of enough visual importance to the general public to make a TPO.

We will tell you in writing if we intend to make a tree on your land the subject of a TPO. You would have the right to object to us making a TPO.

You can view guidance on Tree Preservation Orders on the GOV.UK website.

What can I do if I have a tree with a preservation order on it?

Even if there is a TPO in place, the owner (rather than the Council) is still responsible for the tree.

Anyone who wants to prune any part of the tree or cut it down would usually need to get our written permission before they do anything to the tree.

The Courts may impose heavy fines or even imprisonment if work is done without permission on a tree covered by a TPO. One exception to this rule is where a tree is dead or dangerous.

How do I check if a tree is covered by a TPO or if work to a tree is being done legally?

We keep records of all trees covered by TPOs.

We make new TPOs frequently, so we advise you always to check with us before you do any works to any tree.

Contact us at tpo@derby.gov.uk or on 01332 640429 if you would like to check if a certain tree is covered by a TPO or whether works being carried out to a certain tree are authorised.

Where can I purchase a copy of an existing Tree Preservation Order?

Please contact our Local Land Charges if you want to purchase a copy of an existing Tree Preservation Order.

What can I do to my tree if I live in a conservation area?

If you live in a conservation area, even if your tree is not separately covered by a TPO, there are special protection for trees. You can check if you live in a conservation area by looking on the Interactive Map or by calling us on 01332 640429.

If you want to prune any part of a tree or cut it down, you usually have to tell the Council, in writing, before you do the work. We can tell you if the particular work you want is not covered by this law. By law you have to give us 6 weeks written notice of your intention to do the work, on the same form as you use to apply to do works to trees covered by a TPO.

This notice is there to give us the time to decide if we want to cover the tree by a TPO. We don’t often do this though, and usually the Council writes to you after that time, to say we will not be making a TPO and then you can carry out the work to the tree you want to do.

How do I get permission to do work to a tree with a TPO on it?

You will need to apply and explain which trees you want to do work on, what you want to do, and why.

You can do this by:

• downloading the application for tree works and guidance notes
• contacting us for a free a site location plan to show where the tree is to accompany your application
• contacting us for a paper application form (we will also send you the site location plan)
• using the Planning Portal.

Find out more about planning applications.

To request a free site location plan or paper application form, email developmentcontrol@derby.gov.uk or telephone 01332 640795 (selecting option five).

What is the chance of getting permission for the work - and how long will the Council take to deal with the application?

We aim to decide applications in around eight weeks. We grant permission for most applications but, if we refuse it, you have the right to appeal to the Secretary of State for the Environment. We will explain how to do this if you receive the notice of refusal.

Find out more about planning applications.

To see how your application is progressing, email developmentcontrol@derby.gov.uk or telephone 01332 640795 (selecting option five).

Where else can I get advice or information on my trees or on TPOs?

You may find it helpful to consult a qualified tree surgeon to help you. The Arboricultural Association website, the professional body for tree surgeons, lists registered consultants and approved contractors.

For more information about trees, the International Society of Arboriculture website has advice on tree care.

The GOV.UK website contains guidance on Tree Preservation Orders.

Tree enforcement policy

Our tree enforcement policy involves taking action against anyone who carries out work on protected trees without the required permission from the local planning authority. This can include prosecuting offenders, which may result in unlimited fines or prosecution in the Crown Court for serious offences. The enforcement process can also involve serving a Restocking Notice or Breach of Condition Notice, requiring the responsible party to re-stock land or comply with previously set conditions, and the violation may be noted on the Land Charges register.

Key aspects

• Illegal work on protected trees - Enforcement investigation and enforcement action is taken when work like felling, pruning, or damaging a tree is done without the local authority's consent. This applies to trees with Tree Preservation Orders (TPOs) and those in conservation areas.
• Prosecution - The local planning authority can prosecute those who work on a protected tree without permission.
• Penalties can include fines of up to £20,000 in a magistrates' court, with the possibility of unlimited fines in the Crown Court for serious cases.