Trees in conservation areas and tree preservation orders
Trees are protected if they are in a conservation area, or if they are the subject of a Tree Preservation Order (TPO). A Tree Preservation Order is an order made by the Council, giving legal protection to trees or woodland. A TPO prevents cutting down, uprooting, topping, lopping, willful damage or destruction of trees (including cutting roots) without Hackney’s permission.
If a tree is not protected by a TPO but is in a conservation area, you must give six weeks notice in writing to the Planning Department if you want to carry out works, providing that the tree is more that 7.5 cm in diameter measured 1.5 metres above ground (or 10cm if the work is to help the growth of other trees). It is an offence to do work to a tree in a conservation area without giving prior notice. If the Council has any objections to your proposed works we will notify you by letter that we intend to serve a TPO . If we have not responded within 6 weeks of your letter, you can carry out the works without further notice. You can download the application form from this website.
To find out if a tree is in a conservation area please consult the maps available on-line.
Alternatively the Council may protect trees with amenity value by designating TPOs. Anything that would normally be called a "tree" may be covered by a TPO. There is no minimum size but bushes or shrubs cannot be covered by a TPO. In certain circumstances, fruit trees can also be protected, providing they offer reasonable public amenity. The purpose of TPOs is to protect trees for the public’s enjoyment. Trees protected by TPOs should normally be visible from a public place but in exceptional circumstances other trees may be protected. If you wish to carry out works to a protected tree you must apply to the Council for permission. You can download the application form from this website. Applications to carry out works to a tree covered by a TPO are dealt with in much the same way as a normal planning application, and should take in the region of eight weeks to determine. If you are not happy with the Council’s decision you have the right of appeal.
To find out if a tree is subject to a TPO please contact the Council’s Tree Officer on 020 8356 8078.
If a tree is protected, but is dead, dying or dangerous then the normal application process is waived. You must give the Council five days notice of your intentions to carry out work. You can carry out work without prior notice if the danger is immediate, for example if the tree is in imminent danger of falling and will cause damage or injury if it does. If you intend to do this, you are strongly advised to collect evidence in the form of photographs tree surgeons report and/or an independent witness statement. The Council may require you to prove that the tree was dead, dying or dangerous at a later date.
If a tree in a conservation area is protected by a Tree Preservation Order then the usual TPO protection applies.
It is an offence to do work to a protected tree without Hackney’s consent. If a protected tree is damaged and/or destroyed without permission, the owner or person carrying out the work may be prosecuted and fined, up to £20,000 and a replacement tree will also have to be planted. If you see works being carried out that you suspect may be unauthorised, please contact the Planning Department’s Enforcement Team.
If you wish to nominate a tree for a TPO please complete the appropriate form and return it to the Planning Department.
Council owned trees, including street trees, are overseen by the Council’s Arboriculturalist, tel. 020 8806 1826
Page updated: 15 May 2008