Devon’s stunning landscapes are home to countless magnificent trees that define our countryside and enhance our communities. From ancient oaks in Dartmoor to heritage elms lining village streets, these natural treasures contribute immeasurably to our county’s character and biodiversity.
However, before you consider any work on trees in your garden, it’s essential to determine whether they’re protected by a Tree Preservation Order (TPO).
An official search of the local land charges register is the most reliable way to determine if a tree is protected by a tree preservation order, as TPOs are recorded as local land charges.
Understanding TPO status isn’t just about legal compliance; it’s about preserving Devon’s natural heritage for future generations. Tree preservation orders can apply to privately owned trees as well as those on public land.
Whether you’re planning routine maintenance, addressing safety concerns, or considering tree removal, knowing the protection status of your trees can save you from hefty fines and help you make informed decisions about your property.
At Kneebone Trees, we’ve guided countless Devon homeowners through the complexities of tree protection laws.
Our expertise in arboriculture and deep understanding of local council procedures ensure your tree work is both compliant and beneficial for tree health. This comprehensive guide will walk you through everything you need to know about checking tree preservation order status in Devon.
A Tree Preservation Order is a legal designation that protects specific trees, groups of trees, or woodland areas from unauthorised cutting, pruning, or removal. A tree preservation order can apply to a single tree, a group of trees, or an entire woodland area.
Local planning authorities issue tree preservation orders to safeguard trees that provide significant amenity value to the community, contribute to the local landscape character, or hold particular historical or ecological importance.
Tree preservation orders serve multiple purposes beyond simple preservation. They maintain biodiversity, protect wildlife habitats, preserve the visual character of neighbourhoods, and ensure that valuable trees continue contributing to air quality and climate regulation.
The protection extends to all aspects of tree care, from major surgery to seemingly minor pruning work.
Devon councils are particularly vigilant about tree protection due to our county’s rich natural heritage. Areas like the South Devon Area of Outstanding Natural Beauty, historic market towns, and conservation areas often contain numerous protected trees that contribute to Devon’s distinctive landscape character.
It’s worth noting that a tree preservation order is separate from conservation area protections. Even if your tree doesn’t have a specific tree preservation order, it may still be protected if located within a designated conservation area, where different rules apply to tree work.
Tree preservation orders do not usually cover hedges, bushes, or shrubs; only trees are protected, and other trees nearby may not be covered unless they are specifically included in the order.
Utilising tree preservation strategies in Devon and across the UK enables local communities to benefit from a robust legal framework designed to safeguard trees that offer significant amenity value.
The cornerstone of this framework is the Town and Country Planning Act 1990, which empowers local planning authorities to establish tree preservation orders (TPOs) to protect specific trees, groups of trees, or entire woodlands.
These essential legal tools ensure that trees contributing to the character, beauty, and biodiversity of an area are effectively safeguarded from unnecessary or harmful works.
The Act establishes clear procedures for making, confirming, and amending tree preservation orders, ensuring transparency and accountability enhance local planning effectiveness.
Additional legislation, such as the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Tree Preservation) (England) Regulations 2012, provides crucial detail on how tree preservation orders should be managed and enforced to achieve optimal results.
For local planning authorities, utilising and applying this legal framework is essential to protect trees that deliver significant amenity value to communities. It enables them to respond effectively to threats, prevent the loss of important trees, and ensure that any works carried out align with best practice and the wider goals of town and country planning.
By leveraging these vital legal tools, local planning authorities can successfully protect specific trees and woodlands, preserving the natural heritage and local character of Devon for future generations.
Devon is served by multiple councils, each maintaining their own tree preservation order records. Your local planning authority depends on your specific location:
Each planning authority assesses trees for tree preservation order status based on the following criteria, such as amenity value and contribution to the local environment.
Most Devon councils now provide online tree preservation order search facilities through their planning portals.
Mid Devon District Council, for example, offers an interactive map where you can search by postcode or address to instantly view any tree preservation orders that may be affecting your property.
To use these online tools effectively:
If online searches prove inconclusive or if your council doesn’t offer digital TPO maps, contact the planning department directly.
You may need to provide a written notice when requesting tree preservation order information.
Most councils provide TPO information within 5-10 working days’ notice of receiving your written notice or enquiry.
When contacting your council, provide:
Even without a specific tree preservation order, trees in conservation areas receive automatic protection. Devon’s numerous conservation areas, from historic Totnes to picturesque Clovelly, impose strict controls on tree work.
Contact your council to confirm whether your property falls within a conservation area boundary.
If you wish to carry out work on trees in a conservation area, you must give the council six weeks’ notice before starting, as required by law.
When a local planning authority considers implementing a tree preservation order, conducting a site visit is essential to the process.
During this visit, a tree officer, a specialist in tree health and management, will attend your property to assess the tree or trees in question.
The site visit enables the planning authority to gather crucial information regarding the tree’s condition, species, size, and precise location within the landscape.
The tree officer will evaluate the tree’s amenity value, utilising factors such as its visual prominence, ecological significance, and any cultural or historical importance it may possess.
They may capture photographs, record measurements, and compile detailed notes to support their comprehensive assessment. This presents a vital opportunity for the tree owner or occupier to share relevant information about the tree, discuss any concerns, and pose questions regarding the process.
The site visit is crucial for the local planning authority to make an informed decision about whether the tree meets the essential criteria for protection. It ensures that the planning authority’s judgement is based upon a thorough understanding of the tree’s role in the local environment and its contribution to the community.
If you are expecting a site visit, it is advisable to be available to provide access and any relevant background concerning the tree’s history or management.
Unauthorised work on protected trees can result in severe penalties. Current legislation allows for unlimited fines and potential prosecution for tree preservation order breaches.
The courts consider factors including the tree’s amenity value, the extent of unauthorised work, and whether the action was intentional when determining penalties.
Devon councils actively investigate tree preservation order breaches and take enforcement action when necessary.
Recent cases across the county have resulted in fines exceeding £50,000 for significant tree preservation order violations, demonstrating that tree protection laws carry real financial consequences.
Protected trees often serve crucial ecological functions within Devon’s interconnected natural systems. Mature trees provide nesting sites for protected bird species, support complex ecosystems of insects and fungi, and contribute to local climate regulation through carbon sequestration and temperature moderation.
Removing or severely damaging protected trees can disrupt established wildlife corridors and reduce biodiversity in your local area.
Devon’s commitment to environmental conservation means that TPO enforcement supports broader ecological protection strategies across the county. Protecting trees and, where necessary, requiring landowners to plant replacement trees are key strategies for maintaining Devon’s ecological balance.
Many protected trees in Devon represent living links to our county’s history. Ancient boundary trees, specimen trees in historic gardens, and veteran trees in village centres contribute to the unique character that makes Devon communities special.
Tree preservation order designation recognises that trees are shared community assets extending beyond individual property boundaries.
When deciding which trees have sufficient heritage or community value to warrant a TPO, local authorities must exercise judgment to ensure that only the most significant trees receive protection.
Their protection ensures that future generations can enjoy the same natural heritage that defines Devon’s distinctive landscape character.
Having a tree preservation order doesn’t mean your tree can never be touched. Many types of maintenance and health-improving work receive approval when properly applied for and executed by qualified professionals. Permitted activities often include:
Work on fruit trees is generally exempt from tree preservation order consent, provided it is carried out in accordance with good horticultural practice
Tree preservation order applications require detailed information about proposed work, including:
Some tree works may require planning permission in addition to TPO consent, especially if they are related to development projects.
In such cases, detailed planning permission is required before any tree removal or modification can take place; outline planning permission alone does not provide sufficient authority for these works.
Most Devon councils charge application fees ranging from £75 to £385, depending on the type and extent of work proposed. Processing typically takes 6-8 weeks, though urgent safety work may receive expedited consideration.
Tree preservation order applications may be granted subject to specific conditions, or in some cases, refused or left undecided.
Our experienced team regularly handles TPO applications across Devon, working closely with local planning officers to secure approvals for necessary tree work. We understand each council’s specific requirements and can navigate the application process efficiently.
Kneebone Trees provides comprehensive support, including:
When a protected tree is removed or destroyed, whether due to disease, storm damage, or as a result of permitted works, the landowner is typically required by the local planning authority to plant a replacement tree.
This requirement is essential for maintaining the long-term benefits that protected trees provide to the local area and enhances the sustainable development of the community.
The replacement tree should be of appropriate size and species, ideally matching the original tree’s contribution to the landscape. The local planning authority may specify the type of tree, its size at planting, and the exact location to ensure it continues to enhance the local environment effectively.
As the landowner, you are responsible for planting, maintaining, and caring for the replacement tree, ensuring it establishes successfully and remains healthy for optimal growth.
It is crucial to note that replacement trees are often protected by the original tree preservation order, meaning any future works to the replacement tree will also require permission from the planning authority.
Failing to plant or properly care for a replacement tree can result in enforcement action or penalties that may impact your property development plans.
By fulfilling your responsibilities effectively, you help ensure that Devon’s protected trees, and the valuable benefits they bring, are sustained for future generations whilst maintaining compliance with local planning regulations.
When managing protected trees, utilising several additional factors enables both landowners and local planning authorities to enhance their approach effectively.
Climate change is increasingly impacting tree health, making it essential to monitor existing trees for signs of stress or disease and to select resilient species for replacement trees.
Trees in conservation areas require enhanced attention, as their preservation supports broader nature conservation goals and helps maintain the unique character of these locations.
Tree works can impact not only the immediate property but also other interested parties, such as neighbours, local residents, and community groups who value the local surroundings.
It is crucial for local planning authorities to consider these perspectives, as well as the potential effects on wildlife habitats and biodiversity, particularly when dealing with important trees like fruit trees, hedgerow trees, and veteran specimens.
There are also procedural considerations that require attention, such as observing relevant time limits for making tree preservation orders, serving written notices, and determining appeals. In some cases, landowners may be entitled to seek compensation if a TPO or refusal of tree works causes loss or damage.
It is essential for local authorities to exercise sound judgment when evaluating the amenity value of trees and determining planning applications, ensuring that tree protection balances individual needs with the wider public interest.
Finally, it is crucial to be aware of the need for felling licences for certain works, particularly in woodland areas, and to utilise best practice in all tree works to support the long-term health and resilience of Devon’s protected trees.
By incorporating these factors, everyone involved can enhance the effective protection and optimisation of our county’s vital tree heritage.
Tree work on protected specimens requires extensive knowledge of both arboriculture and legal requirements.
Professional tree surgeons understand how to balance tree health, safety considerations, and tree preservation order compliance while achieving your property management objectives.
At Kneebone Trees, our qualified arborists bring decades of experience working with protected trees across Devon. We understand the specific techniques that councils expect to see and can ensure your tree work meets the highest professional standards.
DIY tree work poses significant risks even on unprotected trees, but the stakes are much higher with TPO-designated specimens.
Incorrect techniques can cause permanent damage to valuable trees, resulting in both legal consequences and irreversible harm to important community assets.
Professional tree surgeons carry appropriate insurance, use proper equipment, and employ proven techniques that protect tree health while achieving necessary outcomes.
This approach safeguards both your legal position and the long-term well-being of your trees.
Protected trees often achieve TPO status because of their exceptional quality and contribution to local environments.
Maintaining these standards requires ongoing professional care that supports tree longevity and continued growth.
Kneebone Trees develops long-term management plans that keep protected trees healthy and safe while respecting their conservation value. Our approach ensures that your tree preservation order trees continue contributing to Devon’s natural heritage for generations to come.
Unauthorised work on tree preservation order trees can result in unlimited fines and potential criminal prosecution. Devon councils investigate all reported breaches and may require expensive remedial planting or compensation payments.
Always check the protection status before beginning any tree work.
All work on TPO trees requires council permission, including routine pruning and maintenance. The only exception is emergency work necessary to prevent immediate danger to people or property, which must be reported to the council within five working days.
Start by checking your local council’s online tree preservation order register or contacting their planning department directly.
Alternatively, Kneebone Trees can quickly assess TPO status and guide you through the entire process, from initial checks to application submission and approved work completion.
Most Devon councils process TPO applications within 6-8 weeks of submission. Complex applications or those requiring additional information may take longer. Emergency safety work can sometimes receive expedited processing when properly justified.
Yes, you can appeal TPO application refusals to the Planning Inspectorate within 28 days of the council’s decision.
Appeals must demonstrate that the proposed work is necessary and appropriate, often requiring professional arboricultural evidence.
Understanding tree preservation order status represents just the beginning of responsible tree ownership in Devon. These magnificent natural assets require ongoing care that balances individual property needs with broader community and environmental benefits.
At Kneebone Trees, we’re passionate about preserving Devon’s natural heritage while helping homeowners maintain safe, healthy, and beautiful outdoor spaces.
Our comprehensive approach combines deep local knowledge, professional expertise, and genuine care for the trees that make our county special.
Whether you’re dealing with a newly discovered tree preservation order, planning routine maintenance, or considering more extensive tree work, professional guidance ensures the best outcomes for both you and your trees.
Don’t let uncertainty about tree protection status delay necessary care or risk expensive legal consequences.
Contact Kneebone Trees today for expert tree preservation order advice and professional tree care across Devon.
From applications to careful tree work, we handle the details so you stay compliant and your trees stay healthy.
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