What is a Tree Preservation Order?
It is a legal document which requires that the consent of the District Council is needed prior to the felling or the carrying out of surgery on the specified trees. Orders can be made for historic or amenity reasons. If a tree is of historic interest (ie mentioned in the Domesday Book or other historic document) an Order will give the Local Authority more control over its future treatment.
Similarly, if a tree is felt by the Local Authority to be important in views seen by the general public and is in danger of being felled or lopped, an Order can be made to prevent this happening. An Order also enables the Local Authority to enforce more effectively the provision of protective measures during development and to require replacements for any which die or need to be removed.
How do I know if my trees are the subject of a Preservation Order?
If you are the owner of the trees at the time of making the Order, the Order will be served on you. It is then entered on the Land Charges Register held by the District Council. If you buy a property with preserved trees on it your solicitor should advise you following his normal search of the Land Charges Register. If you are still in doubt, you should contact the District
Council's Planning Department who will be happy to advise you.
Can I ask for a Preservation Order to be made?
If you contact the District Council's Planning Department (preferably in writing) they will be happy to inspect the tree(s). The Council will then consider whether or not it is appropriate to
make an Order and let you know.
Can I carry out work on preserved trees?
Yes - but you must first obtain the written permission of the District Council. On request you will be sent an application form for consent which should be completed and returned. You may find it helpful to discuss your proposal prior to completing your application. Permission to carry out work (including felling or removing dead wood) is not required if a tree is dead, dying, diseased or dangerous. However, under the terms of the Order a tree which is felled because it has died must be replaced by a new tree unless this requirement is waived by the Local Authority.
What happens if I carry out work on a preserved tree without the prior consent of the District Council?
You may be liable to a fine of up to £20,000 depending on the circumstances.
Do I need permission to carry out work on trees in a Conservation Areas?
Technically, no - but in most cases you must give the District Council SIX WEEKS NOTICE before commencing work.
For more information, please contact the Trees and Landscape officer on 01444 477458 davids@midsussex.gov.uk or refer to Planning Information Leaflets TL1, TL2 and TL3 on our Planning Publications page
