Planning - Tree Preservation Orders

The Planning Department is responsible for the Public Register of Tree Preservation Orders and for Protected trees including processing applications for tree works.

The Planning Department is responsible for the Public Register of Tree Preservation Orders and for Protected trees including processing applications for tree works. Tree applications can be submitted manually or online using the Planning Portal. A Tree Works Application form may also be downloaded from this website.

Is the tree protected?

If you wish to carry out work to trees, in the first instance you should clarify whether a specific tree or group of trees falls within Council ownership or has been protected by means of a Tree Preservation Order (TPO) or lies within a Conservation Area. Map based information on TPO trees and Conservation Areas is available through the Council’s Mapping online service (MOLE). The Council has plotted all TPO trees within the Borough on specific property sites although the details of the original Orders are not yet available online. If you wish to obtain a copy of an Order you should contact a member of the Support Staff in Development Control to obtain advice and verification of the existence of a TPO on Tel No. 020-8379-3820. If you wish to obtain a hard or faxed copy of the original Order you should contact Land Charges on Tel No. 020-8379-5195. A small charge will be made.
Further protection to trees may have been imposed by use of a condition on an earlier planning consent approval. You should therefore check the planning history of a site and the detailed conditions imposed on any consent, particularly where the trees (s) lie within a large development site area. For further information please come in person to Environment Direct Office on the first floor at the Civic Centre or contact the Planning Support staff on Tel No. 020-8379-3820 for further advice.

Trees protected by a Tree Preservation Order

There are approximately 300 Tree Preservation Orders within the Borough protecting thousands of trees. If you wish to carry out works to protected trees, including trees lying within a Conservation Area, you should seek consent from the Council and make an application for tree works to the Development Control section of the Planning Services. A Tree Works Application Form may be downloaded here; copies may also be obtained from Environment Direct on the 1st Floor of the Civic Centre or by calling the Development Control Support Team on Tel. No. 020-8379-3820. The forms give advice on the information required. Alternatively, an application may be submitted online using the Planning Portal. The Council endeavours to make a decision within 8 weeks. In the case of trees within a Conservation Area the Council aims to give a decision within 6 weeks as to whether tree works may proceed or whether the Council wish to impose a TPO on the tree.
The Council will notify neighbours including the most closely adjoining to the property boundary. The Council may also consult other appropriate consultees, such as the Council’s Arboricultural Officer in Leisure Services, The Environment Agency if the tree lies within 8m of a watercourse and Local Preservation Societies or Local interest bodies particularly if the property lies within a Conservation Area.
A Planning Officer will visit the site to assess the proposal and may seek further information from you or your representative who may be an Arboriculturalist whom you have appointed to carry out the work. The Borough Council will allow 21 days for any response from a neighbour or other consultee and cannot therefore respond to your application in any shorter period unless the tree is dead dying or diseased.
Notification of the Council’s decision will be by use of a Decision Notice, which may include conditions. You should not carry out the work until the Decision Notice has been received and the works should be carried out in accordance with the conditions imposed. A Decision Notice for approval includes a form requesting notification of completion of the works including replanting.

Exemptions - Dead, dying or diseased trees

By legislation, the local Council should be informed immediately and be allowed 5 working days to assess trees protected by a Tree Preservation Order (TPO), which fall into this category. This allows the Council sufficient time to make a site visit and ascertain further information before the tree is felled. You are required by this Council to make a retrospective application for felling allowing the Council to amend its records and you will be required to plant a replacement tree of similar species, preferably of standard tree size, and which the original Tree Preservation Order will protect.

Who can make an application for tree works to a protected tree?

You may make an application on trees sited on your own land or on a neighbours land. However, you should bear in mind that the owners’ consent is required to enter or to carry out work to that part of the tree which lies totally on his land. Therefore, you should obtain consent from the Council for works to a protected trees and the consent of the owner of the land.
If you wish to prune branches that overhang your own property, you do not need the tree owner’s consent but you do need the consent of the Council. Remember that works on your side including damage to roots could lead to de-stabilising the tree and any resultant insurance claim could become your responsibility.

Appeals

The Legislation allows for appeals against Decisions or the conditions of a Decision. Details are to be found with your Decision notice. Appeals can also be made against non-determination i.e. if the Council has failed to issue a Decision within the specified time limit. An appeal should be lodged with the Office of the Deputy Prime minister within 28 days of the date of the Decision or expected date of Decision.
The address for appeal is: -
Office of the Deputy Prime Minister
Government Office for London
River walk House, 157 – 161, Milbank
London SW1P 4RR

Enforcement

It is an offence to carry out works to protected trees without the prior consent of the Council. Under the Legislation cutting down, uprooting, topping, lopping or wilfully damaging a TPO tree is liable for a fine of up to £20,000. For information on reporting a breach of planning legislation CLICK HERE.
Eligibility
None.

Required Customer Information
None.

Service Level Agreement and Turnaround
Standard timescale for responses to correspondence is 10 days
For ‘minor’ and ‘other’ categories of development the timescale for dealing with applications is 8 weeks whilst the timescale for dealing with major applications is 13 weeks.

More information about this service

Contact Us

Frequently asked questions

Address:
Development Control
PO Box 53
Civic Centre
Silver Street
Enfield
EN1 3XE.
Map

Telephone:
020 8379 3825.

Fax:
020 8379 3811.

Opening Hours:
Monday to Friday
9.00am - 5.00pm.

Duty Planning Officer (Environment Direct,
1st floor, Civic Centre):
Monday to Wednesday
10.00am - 4.00pm

Thursday
4.00pm - 7.00pm.

Friday
10.00am - 4.00pm.

Useful Links

Tree services

Planning development control