More information on the protection and preservation of trees can
be found on
Trees in the City
Frequently asked questions on Tree Preservation Orders
The following notes are for guidance only and are not a
statement of the law. You should consult a solicitor if you are
unsure of your legal rights or obligations.
You may find the answer to your enquiry in the draft Tree
Strategy rather than in these FAQs.
How can I find out if a tree is covered by an Order?
Details of confirmed and provisional Orders are kept in the
local land charges register and in the Department of the
Built Environment at the Guildhall. An official search made
before you purchase a property should reveal the existence of a
Tree Preservation Order (or whether your property is in a
conservation area). Make sure your solicitor tells you if any trees
are protected. For further advice please contact the Department of
the Built Environment.
View a list of the City of London's Tree
Preservation Orders (43kb)
What if I want to work
on a protected tree?
Apply to the Department of the Built
Environment (using the forms available), to seek consent,
specifying the trees, what you want to do and the reasons why.
How to apply for consent
Application for works on a tree subject to a
Tree Preservation Order (11kb)
The City of London will wish to visit in order to inspect the
tree before issuing a decision on any application for consent.
You may find it helpful to consult a tree surgeon to clarify
what you need to do. The Arboricultural Association has a list of
approved tree surgery contractors. You can write to the Association
at Ampfield House, Romsey, Hants SO51 9PA, tel 01794 368717.
If you wish to carry out work to any trees owned by the City of
London or on land owned or maintained by the City of London, please
contact the Director of Open Spaces.
The Department of the Built Environment should be
consulted if any tree works affect the public highway/City
Walkway.
Where can I find information on trees in Conservation
Areas?
Please refer to the Tree Strategy for further information on
trees, particularly pages 19-24 of Part 1.
Do I always need the City of London’s consent to work on a
protected tree?
Yes, except for the cutting down or cutting back a tree:
- which is dying, dead, or dangerous, or
- where there is an obligation under an Act of Parliament,
or
- at the request of certain other government departments or other
organisations specified in the Order, or
- where the works are immediately required for the purpose of
carrying out development which is about to start for which detailed
planning permission has been granted, or
- which is a fruit tree cultivated for fruit production, or
- to prevent or abate a nuisance in the legal sense (you may find
it helpful to obtain legal advice).
If you are in doubt, check with the Department of the Built
Environment.
How are trees on development sites affected?
Trees on development sites can be protected by Tree Preservation
Orders. Measures to safeguard trees both during and after the
construction phase may also be attached to a planning permission.
Planning conditions may also require you to plant trees which may
be covered by a Tree Preservation Order. The Order will normally
apply to replacement trees.
Can I carry out work on
protected trees which are in the way of proposed development?
You can only cut down or cut back protected trees if they are
directly in the way of development which is about to start, for
which you have detailed planning permission. You cannot carry out
tree work to a protected tree if you only have outline planning
permission. Check first with the Department of the Built
Environment. You may be prosecuted if you have cut down or cut back
a tree excessively.
If the development does not require planning permission (ie, it
has permitted development rights under the Town and Country
Planning [General Permitted Development] Order 1995), you must
still apply to the Department of the Built
Environment for consent under the procedures in the normal
way.
Trees which are not protected can also be the subject of a
planning condition. You should contact the Department of the
Built Environment which can advise further.
Works to
trees on church land
You are advised to contact the London Diocesan Advisory
Committee (CofE) before any works commence in order that he can
advise as to whether a Faculty is required for these works.
Geoffrey Hunter
Head of Care of Church Team
London Diocesan House
36 Causton Street
London
SW1P 4AU
geoffrey.hunter@london.anglican.org
020 7932 1230
Works to trees which may
affect sewers and drains
You are advised to consult with Thames Water in order to ensure
that the removal of the tree / new planting does not have any
adverse impact on any sewers / drainage in the vicinity of the
works.
Removal of trees which lie within a zone
within which London Underground have an interest
If the premises lie within a zone within which London
Underground have an interest in respect of any building and
construction works and their effect on their operations, etc., you
should liaise with London Underground on 020 7308 3102 in respect
of the removal of any tree to ensure the safety of the railway and
associated structures.
You should contact the Department of the Built
Environment which can advise further if this is
applicable.
Seeking the permission of the
owner of trees
You are advised to notify and obtain the permission of the owner
where possible before carrying out any work for which approval has
been granted.