Tree Preservation Orders or Trees within Conservation Areas and Hedgerows

You can use our online planning service Public Access to view applications to carry out works to Trees Protected by a Tree Preservation Order or Trees within a Conservation Area 

Tree Preservation Orders

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is issued to prohibit felling, uprooting, topping, lopping, wilful damage or wilful destruction of trees without Mid Devon District Council's consent (see Legislation.gov.uk - Town and Country Planning Act 1990).

It is necessary to obtain our consent to undertake work to a tree subject to a Tree Preservation Order (TPO). It is an offence to lop, top, fell or uproot a protected tree without consent. To apply for consent to carryout such work, please download and complete the application form from the Planning Portal website by selecting the 'Paper Form Chooser.' The council strongly advise you to send photographs in support of your application. This may allow us to quickly determine your application once the statutory consultation period has passed.

You must also gain consent from the tree owner prior to carrying out the work. If work is undertaken on a protected tree without first gaining consent from the District Council a criminal prosecution could follow leading to a substantial fine. 

A TPO application will be determined within 8 weeks of being accepted as a valid application. 

Unauthorised tree works to Tree/Trees that are subject to a Tree Preservation Order can lead to hefty fines (up to £20,000) and criminal prosecution of the offenders.

Is my tree Protected by a Tree Preservation Order? Use our search facility to check if a Tree or group of Trees are protected.

Trees in Conservation Areas

All trees in Conservation Areas are protected if they have a stem diameter of 75mm (roughly 3 inches) measures at 1.5m (roughly 5 feet) above ground. In general, it is an offence under the Town and Country Planning Act 1990 for anyone to undertake work to a tree in a Conservation Area without giving us six weeks' prior written notice. The notice period is so that we can decide if the tree(s) should be protected by a Tree Preservation Order.

To give notice of the work to a tree(s) in a Conservation Area, please download and complete the application form from the Planning Portal website by selecting the 'Paper Form Chooser.' You must provide details of the location of the tree(s) and details of the work proposed. You must submit a notification of your intention to carry out the works. The council strongly advise you to send photographs in support of your application. This may allow us to quickly determine your application once the statutory consultation period has passed.

A notification will be responded to within 6 weeks from the time it is registered.

Trees in a Conservation Area hold the same level of protection against unauthorised works as trees subject to a Tree Preservation Order. Unauthorised tree works can lead to hefty fines (up to £20,000) and criminal prosecution of the offenders.

Is my tree in a Conservation Area? - Use our Parish Conservation Area maps to check if a Tree or group of Trees are within a CA

Who is responsible for maintaining trees protected by TPOs or TCAs?

Trees, including those subject to a TPO or in a Conservation Area, are the responsibility and legal liability of the landowner.  This means that landowners are responsible for the maintenance of trees on their land. The Council is only responsible for the general inspection or maintenance of trees on land which it owns.

Devon County Council Highways are responsible for maintaining road safety. Hazardous trees alongside a highway, byway, bridleway or footpath can be reported to DCC Highways on their website.

If you would like to find out who owns a particular tree, you will need to carry out a search via The Land Registry. The Council cannot provide general information on tree ownership.

If you think your TPO'd tree or tree in a Conservation area may require routine maintenance or remedial work, you should seek advice from a tree surgeon or arboricultural consultant. Useful information on finding a fully qualified and insured professional is available from the the Arboricultural Association.

The Council will not make a site visit unless in receipt of a valid tree works application.

Exceptions and Exemptions to works for trees subject to Tree Preservation Order or within a Conservation Area

There are a number of exemptions to the requirement to give notifications, such as if the tree is dead or dangerous. The burden of proof that the work is exempt because the tree is dead or dangerous lies with the person carrying out the work. Anyone proposing to carry out work under this exemption is advised to contact the Planning Service. In the first instance you are advised to immediately take photos of the tree or damaged part of the tree to submit as evidence with your 5-day notification. We will require the same level of information to process a 5-day notification as we would a standard application for tree works.

Tree owners, their agents and contractors, should take care not to exceed an exemption. You should not carry out works that you believe to be exempt without first seeking advice from a suitably qualified arboriculturalist, and checking with the Council about what is and is not required.

Unauthorised works could be dealt with by our Enforcement Team, unless the applicant or agent can provide evidence that the works were immediately necessary

5-Day Notification for Dead or Dangerous Trees form

Exceptions - Works to Protected Trees

Removing hedgerows 

In 1997, regulations were introduced to control the removal, either in whole or in part, of certain hedgerows. This legislation does not apply to hedges around domestic gardens and does not seek to control hedges below a specified length. Certain activities, such as the provision of temporary emergency access and works authorised under other legislation, are exempt from the need to notify us. It is an offence to remove a controlled hedgerow without the necessary consent and fines of up to £5000 can be imposed by the Courts upon conviction.

To notify us that you intend to carry out works to a controlled hedgerow, please download and complete the application for Hedgerow Removal Notice from the Planning Portal website by selecting the 'Paper Form Chooser.'

High hedges

You can find information about the control of high hedges in Part 8 of Legislation.gov.uk - Anti-social Behaviour Act 2003.

What can I do if I believe works are taking place without permission?

Anyone who carries out works to a tree subject to a TPO without completing the formal application process may be found guilty of a criminal offence and fined. Fines can be as high as £20,000. In serious cases an unlimited fine can be imposed.

Fines may also take into account whether unlawful works have resulted in financial gain - for instance if the removal of a tree has led to an increase in property value, the offender could be seen as having benefitted financially.

If you suspect works are taking place at this present moment without permission, please call us immediately on 01884 255255.

If you suspect unauthorised works have been carried out and the contractors have left the site, please report on our Alleged Planning Breach Page

For any queries please email treequeries@middevon.gov.uk