Tree Preservation Orders

Many trees in the Breckland district are protected by a Tree Preservation Order. These are trees of a high amenity value or which have a significant impact on the environment and have been identified by the council and protected by an order. 

If you wish to check if your tree is covered by a Tree Preservation Order, please refer to theMy Maps section of My Breckland.

What is a Tree Preservation Order?

A Tree Preservation Order is a legal document intended to ensure important trees are preserved.

It can be made by a local planning authority in England to protect specific trees, groups of trees or woodlands. An Order prohibits the:

• Cutting down
• Topping
• Lopping
• Uprooting
• Any pruning operations
• Wilful damage
• Wilful destruction

...of trees without the local planning authority's written consent. If consent is given, it can be subject to conditions which have to be followed. In the Secretary of State's view, cutting roots is also a prohibited activity and requires the authority's consent.

Once an order has been made, the consent of the council is required before any tree works may be carried out. In certain circumstances, it may be agreed that pruning or removal may be permitted in order to accommodate development. However, the Tree Preservation Order enables the council to control these actions and to obtain new planting to replace trees which are removed.

Tree Preservation Orders are not intended to prevent any work ever being done to a tree. They are intended as a way to balance the sometimes conflicting desires of individuals with the benefits to the wider community.

How to get a Tree Preserved

What are my responsibilities for a protected tree?

Protected trees must not be subject to the carrying out of any of the prohibited activities without the written consent of the local authority. You are responsible for maintaining any trees in your ownership, with no statutory rules setting out how often or to what standard.

The local planning authority cannot require maintenance work to be done to a tree just because it is protected. However, the authority can encourage good tree management, particularly when determining applications for consent under a Tree Preservation Order. This will help to maintain and enhance the amenity provided by protected trees.

Arboricultural advice from competent contractors and consultants will assist you as an owner in determining your responsibilities and options. It is important that trees are inspected regularly and necessary maintenance carried out to make sure they remain safe and healthy.

Useful guidance

• Guidance - Tree Preservation Orders and Trees in Conservation Areas (opens new window)

How to apply for works to a protected tree

To apply for works to trees covered by a Tree Preservation Order, please follow this link to ourApply for Works to Protected Trees page for more information on what you need to do.

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