A Tree Preservation Order – commonly referred to as a TPO – is a legal protection placed on individual trees, groups of trees or areas of woodland by the local planning authority. In Bournemouth, Christchurch and Poole this authority is BCP Council. A TPO is made when the council considers that a tree makes a significant contribution to the local environment or character of the area – whether through its visual amenity, its ecological value, its historical significance or its contribution to the local streetscape.
A TPO can be placed on any tree of any species and any size – though in practice they are most commonly placed on large, mature trees that are considered particularly valuable to the local environment. Once a TPO is in place it is a criminal offence to cut down, uproot, top, lop, willfully damage or willfully destroy the protected tree without first obtaining written consent from BCP Council. The penalties for breaching a TPO are severe – fines of up to £20,000 in the Magistrates Court, and unlimited fines in the Crown Court for more serious cases where the tree has been destroyed entirely.
This is one of the most common questions we are asked by homeowners across Bournemouth, and the honest answer is that you cannot always tell simply by looking at the tree. A TPO is a legal designation recorded by BCP Council – there is no physical marker on the tree itself and no requirement for the current owner of the property to have been notified when the order was made, meaning many homeowners are completely unaware that their trees are protected until they instruct a tree surgeon and the issue comes to light.
The quickest and easiest way to find out if your tree has a TPO is to call us on 01202 022560. We check TPO status as part of every free quote we carry out in Bournemouth and will let you know straight away whether your tree is protected and what that means for the work you are planning. It costs nothing, takes minutes and could save you from an extremely costly mistake. We deal with BCP Council and TPO applications regularly – so you get an accurate, experienced answer rather than trying to navigate the council’s planning system yourself. Simply get in touch and we will do the checking for you.
As well as individual Tree Preservation Orders, there is a second category of protection that affects a significant number of trees across Bournemouth – Conservation Area protection. Bournemouth has a number of designated Conservation Areas covering parts of the town where the historic character and appearance of the area is considered worthy of preservation.
Any tree within a Conservation Area that has a trunk diameter of more than 75mm measured at 1.5 metres above ground level is subject to restrictions, even if it does not have a specific TPO. Before carrying out any felling, significant pruning or other tree work on a tree in a Conservation Area you must submit a Section 211 notice to BCP Council giving at least six weeks written notice of the intended work. This gives the council the opportunity to assess the tree and place a TPO on it if they consider it to be of sufficient amenity value. Failure to submit the required notice is also a criminal offence carrying the same penalties as breaching a TPO.
We check Conservation Area status as well as TPO status for every job we quote in Bournemouth – if your tree is in a Conservation Area we will let you know what notice needs to be submitted and can handle the process on your behalf.
Having a Tree Preservation Order on your tree does not mean that no work can ever be carried out – it simply means that any work beyond minor maintenance requires prior written consent from BCP Council before it begins. The council will assess your application and decide whether to grant consent, grant consent with conditions, or refuse it.
There are some limited categories of work that can be carried out on a TPO tree without prior consent, including the removal of dead branches, work that is immediately necessary to prevent a legal nuisance, and work necessary to implement a planning permission. However these exemptions are narrow and specific – it is always advisable to contact BCP Council or speak to a qualified tree surgeon before carrying out any work on a tree you believe may be protected, as the consequences of getting it wrong can be severe.
If you want to carry out pruning work such as a crown reduction or deadwooding on a TPO tree, or if you want to fell a protected tree on the grounds that it poses a risk to your property, you will need to submit a formal application to BCP Council and obtain written consent before any cutting begins. We can prepare and submit this application on your behalf as part of our service.
The process of applying to BCP Council for consent to carry out work on a protected tree can feel daunting, particularly if you have never dealt with the planning system before. Our team has extensive experience of working with protected trees across Bournemouth and the surrounding area and can guide you through the entire process – from the initial TPO status check right through to carrying out the approved work once consent has been granted.
When you contact us about a TPO tree in Bournemouth, here is what we do. We carry out a free site visit and assess the tree, the proposed work and the likely grounds for the application. We advise you on whether the application is likely to succeed and what supporting information may strengthen it – such as evidence of structural defects, subsidence damage or a risk assessment report. We prepare and submit the application to BCP Council on your behalf, including any tree survey or arboricultural report that may be required. We manage the application through the council’s process and keep you informed of progress. Once consent is granted we carry out the approved work to the highest professional standard, fully in line with the conditions attached to the consent.
Tree Preservation Orders are a material planning consideration and will appear on the local land charges search carried out as part of the conveyancing process when a property is sold. If your property has a TPO tree this information will be disclosed to the buyer – it is not something that can or should be concealed. In most cases a TPO tree is not an obstacle to a property sale but it is important that both buyer and seller understand the implications – namely that any future tree work will require BCP Council consent.
If you are buying a property in Bournemouth and the search reveals a TPO tree, we would strongly recommend having the tree inspected by a qualified arborist before exchange of contracts. We can carry out a full tree health and condition assessment and advise on the likely management requirements and associated costs going forward, helping you make a fully informed decision before completing the purchase.
We provide TPO advice, application support and approved tree work across all of Bournemouth and the wider BH postcode area including Boscombe, Charminster, Westbourne, Southbourne, Winton, Moordown and Kinson. We also regularly work with TPO trees in Poole, Christchurch, Ferndown and Wimborne, where BCP Council and Dorset Council respectively are the relevant planning authorities.
If you have a tree you are concerned about, or if you have already received notification from BCP Council about a TPO on your property, call us on 01202 022560 and we will advise you on your options straight away – free of charge and with no obligation.
Our Bournemouth TPO service is operated by Clearcut Tree Surgery Ltd – a fully accredited, locally based tree surgery company with extensive experience of working with protected trees across Bournemouth and Dorset.
Carrying out unauthorised work on a protected tree is a criminal offence under the Town and Country Planning Act. Penalties include fines of up to £20,000 in the Magistrates Court and unlimited fines in the Crown Court. The council can also require you to replace a destroyed TPO tree with a new tree of an appropriate species and size at your own expense. The consequences are serious and the risk is simply not worth taking – always check first.
It is possible to apply to BCP Council to have a TPO revoked but the council will only do so if it is satisfied that the tree no longer merits protection – for example if the tree has died, become severely diseased or been so significantly damaged that it no longer has the amenity value that justified the original order. Applications to revoke a TPO are rarely successful for healthy trees.
BCP Council has eight weeks to determine a TPO consent application from the date it is validated. In practice many straightforward applications are determined more quickly, but you should allow the full eight weeks in your planning. We will keep you updated on the progress of your application throughout the process.
Subsidence damage caused by tree roots is one of the most commonly cited grounds for applying for consent to fell a TPO tree. The application will need to be supported by evidence – typically a structural engineer’s report or subsidence assessment from your insurer alongside a tree survey. Consent is not guaranteed but is more likely to be granted where there is clear evidence of ongoing or worsening damage. We can advise on the supporting evidence required when we assess the tree.
If a TPO tree belonging to your neighbour overhangs your property you have a common law right to cut back branches to the boundary line – however if the tree has a TPO this right is restricted and you or your neighbour will need to apply for consent from BCP Council before any pruning takes place. We recommend always seeking advice before carrying out any work on or near a TPO tree regardless of whose property it sits on.
Not sure whether your tree is protected or what work you are allowed to carry out? Call us today on 01202 022560 for free, no-obligation TPO advice – we will check the status of your tree, explain your options clearly and give you a fixed price for any work that is required. No call out fee, no pressure and no unnecessary work recommended.
Or fill in our quote form below and we will be in touch promptly.
Our TPO service is operated by Clearcut Tree Surgery Ltd – view our full tree preservation order service at clearcuttreesurgery.com/clearcut-tree-surgery-tree-preservation-order-tpo-services/
