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Make a request for a tree preservation order

If you feel a particular tree or trees should be protected you can ask for a tree preservation order to be placed on the tree. You should provide details of the type of tree(s) and its location, and the reasons why you think the tree(s) should be protected. The tree(s) will then be assessed in terms of its visual amenity value, health and likely danger to persons or property. Please be aware that the tree must be visible from public vantage points for it to be considered worthy of a preservation order. Even where a tree is assessed as being worthy of preservation, an order will not automatically be made if there is no obvious threat to the tree’s well-being.

When does a tree preservation order come into effect?

The protection comes into effect as soon as the local planning authority serves notice of the making of the order on the land owner and interested parties. After a 28 day consultation period in which interested parties have the opportunity to object to or support the protection of the tree, the authority will consider whether or not to confirm the order. The order must be confirmed within six months from notice first being served in order to ensure the long-term protection of the tree.

How will I know when the council makes a tree preservation order?

The authority will write to those who may have a right to work on the tree, generally the tree owner and sometimes others, such as tenants and neighbours. Copies of new orders are also available for inspection.

How can I object to or express support for a new tree preservation order?

After serving notice of the making of the order on interested parties, the local planning authority allows 28 days for comments to be made. You should make your comments in writing to the authority, identifying the tree or trees in question and giving your reasons for either supporting or objecting to the making of the order.

The authority will take your comments into account when deciding whether or not to confirm the order. The authority can also modify an order when it confirms it, for example to exclude some of the trees.

Does the local planning authority become responsible for looking after protected trees?

No. Owners remain responsible for trees covered by tree preservation orders, their condition and any damage they may cause. The authority’s permission is usually required before any work is carried out to the trees.

Make a request

To make a request either email dcsupport@eaststaffsbc.gov.uk or write to Planning, ESBC, PO Box 8045, Burton upon Trent, DE14 9JG, requesting that the tree has a preservation order added.