Tree Preservation And Conservation Areas
A Tree Preservation Order (TPO) is an order made by us to protect trees that make a significant contribution to the amenity of an area. A more complete definition can be found on our arboricultural terms page.
Please note that the following rules and restrictions also apply to trees found in Conservation Areas.
Types of tree that can be covered by a TPO
All types of trees, including hedgerow trees, may be the subject of a TPO. A TPO cannot protect hedges, bushes or shrubs such as those formed from Leylandii or Buddleia.
Types of TPO
There are presently four type of TPO:
- Individual: Can be applied to an individual tree
- Group: Can be applied to a group of individual trees which, together, make up an amenity value but seperately might not
- Area: It covers all trees in a defined area at the time the order was made.
- Woodland: Covers all trees within a woodland area.
Finding out if a tree has a TPO
You can find out whether a tree is covered by a TPO by either using the Your Poole facility 
or telephoning us on 01202 633321. If you haven't used the Your Poole facility before please follow the guide on our Protected Trees Search Guide. When you are buying a property the presence of a TPO should be revealed by the search of the local land charges register.
Who is responsible for maintaining a tree with a TPO?
The owner of the tree is responsible for maintenance of a protected tree, for its condition and for any damage that it causes. However, they will need to obtain permission from us before carrying out any work with the exception of removing dead wood or carrying out work exempted under section 198(6) of the Town and Country Planning Act .
Tree work is a dangerous and highly skilled operation and trees are complex structures that are easily damaged by poor or ill-advised work. You are strongly advised to engage a professional tree surgeon or arborist to advise you and undertake any work needed. We are unable to recommend a tree surgeon but a list may obtained my visiting the Arboriculture Association website .
Getting permission to work on a tree covered by a TPO
If you wish to carry out work to a tree protected by a TPO you must apply to us. To do this, please complete and submit a tree work application form.
When completing the form you must make it clear exactly which tree or trees you wish to carry out work to. You must also detail exactly what sort of work you wish to carry out and the reasons why you wish to carry out the work. If you have supporting documentation relating to these reasons you should submit this as well.
Working on a tree without permission
There are a few circumstances in which you can carry out work to a protected tree without gaining permission first. These include:
- If the tree is dead, dying or dangerous. The danger must be present and the responsibility will be on you to prove this if necessary. Please report to us if you propose to carry out work on this basis at least five days in advance so we can agree with you which trees are dead or dangerous. Removal of dead wood from an otherwise healthy tree is considered to be covered by this exemption.
- If you are obliged to carry out work by an Act of Parliament. Most commonly, this applies to trees that overhang a public road where you have an obligation to maintain reasonable clearance above the road. This usually means 2.5m above a footway or 5.5m above a road.
- Where the work is absolutely necessary in order to implement a detailed planning permission.
- If the tree is a fruit tree and you prune it in accordance with good horticultural practice, or if the tree is a fruit tree situated in a commercial orchard.
- If the work is to be carried in accordance with a Forestry Commission grant scheme . or if a felling licence has been granted by the Forestry Commission .
The penalties for working on a protected tree without permission
If you deliberately destroy a protected tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in a magistrate’s court. Serious offences may be referred to a crown court that can impose an unlimited fine. For other offences you can be fined up to £2,500. You will also have to plant a new tree if the tree was cut down or destroyed.
Will I be told if a TPO is made on a tree on my property?
Yes. When we make a TPO we will send copies to the owner of the property and any adjoining properties that are affected.
If you aren't the owner affected by TPO, or live in an adjacent property, you can still find out about new TPOs by downloading the monthly list from our Applications, Decisions and Preservation Orders page.
Does a new TPO take effect immediately?
Yes, however you do have 28 days to object to the TPO and the new TPO must be confirmed by Committee within six months of being made, otherwise it will lapse. Owners of affected properties will be notified when the TPO is confirmed
Trees in Conservation Areas
Anyone proposing to cut down, top or lop a tree in a conservation area, whether or not it is covered by a tree preservation order, has to give notice to us. We can then consider the contribution the tree makes to the character of the area and if necessary make a tree preservation order to protect it.
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