Responsibility for maintaining trees covered by a Tree Preservation Order (TPO) normally remains with the owners of those trees.
When owners or neighbours want to prune or even fell a TPO tree, they must apply in writing.
The tree will be inspected and a report prepared, recommending whether the tree work can go ahead.
If permission is given for the felling of a TPO tree, there is no automatic obligation on the owner to replace the tree. However, in order to protect the visual character of the locality, we would usually impose such a condition on the felling consent.
If an application to carry out work to a TPO tree is refused, you have right to appeal to the Planning Inspectorate. You can appeal against the requirements of any condition. Please use the contact details for the Planning Inspectorate.
Appeals to the Secretary of State must be lodged within 28 days of receipt of our decision. Such appeals are usually determined by the Secretary of State on the basis of written statements following a visit by an inspector from a government office, although both parties have the right to ask the Secretary of State to hold a public local inquiry or hearing into the matter.
If consent is refused (or granted subject to conditions) by the Planning Authority, compensation can be sought, but only in limited circumstances and if actual loss or damage results.