Trees have a habit of growing! They grow old too, just like we do. The decision to prune, pollard, or even fell however, is not necessarily ours to take - without checking.
And, after the first storms of autumn this month's article from Scott Bailey Solicitors is timely. It gives you the lowdown about Tree Preservation Orders including within conservation areas, how to check whether your tree has a TPO, and valid reasons for removal or significant pruning.
Do you need permission to cut down a tree in the New Forest?
Living in Lymington and the wider New Forest means being surrounded by beautiful, established trees. They frame our streets, shape our gardens and give the area much of its character. But what happens when a tree in your garden starts causing problems?
It might be blocking light, dropping debris into the guttering, lifting paving slabs or simply looking past its best. Cutting it back, or cutting it down, seems like a relatively straightforward decision – especially if the tree is on land you own. But in reality, it’s often not that simple.
Tree Preservation Orders - what are they?
A Tree Preservation Order, usually referred to as a TPO, is a legal protection made by the local authority. It prevents a tree (or sometimes a group of trees or woodland) from being cut down, uprooted, damaged, or even pruned without formal consent.
Carrying out work on a protected tree without permission can lead to prosecution and significant fines. Not knowing a TPO exists is not usually accepted as a defence.
This is particularly relevant in the New Forest, where local authorities take the protection of landscape and amenity very seriously.
What about conservation areas?
If your property is within a designated conservation area, additional rules apply. Most trees over a certain size are automatically protected, even if there is no specific TPO in place.
In those cases, you are normally required to give the local authority six weeks’ written notice before carrying out work. During that time, the authority can decide whether to allow the works or place a TPO on the tree.
Many homeowners are surprised to learn that even trees in private back gardens can fall within these rules, and there is no requirement for a sign to be attached to the tree itself.
How do you check?
The safest approach is to contact your local planning authority and ask for written confirmation. Some councils provide online maps, but these are not always definitive or up to date.
If you are buying or selling a property, information about protected trees may appear in local authority searches. However, it is sensible not to rely solely on those searches and to make your own enquiries if you are planning works.
Are there ever valid reasons to remove a protected tree?
Yes - but the process still needs to be followed.
Applications to remove or significantly prune a protected tree may be considered where there is clear evidence of disease, structural instability or demonstrable damage to property. Supporting evidence from a qualified arboriculture expert is often essential.
Even where a tree poses a risk, carrying out work without consent can still amount to a criminal offence.
Why it matters
Unauthorised works to a protected tree can result in substantial fines and in some cases, the court can require a replacement tree to be planted - which then becomes protected in its own right. Beyond financial penalties, breaches can complicate future planning applications or cause delays when a property is sold.
The most important thing to remember is - before you instruct a contractor or reach for the chainsaw, pause and check your position.
Trees are part of what makes the New Forest special. Making sure any work is carried out lawfully protects not only the landscape, but also you as a homeowner. If you are unsure whether a tree on your property is protected, taking advice early can help you avoid unnecessary risk and ensure any works are handled properly.
Seek advice if you’re unsure
If you find yourself in a dispute or in a difficult situation, the Litigation and Dispute Resolution solicitors at Scott Bailey can offer advice and guidance.
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About Scott Bailey LLP
Founded in 1930, Scott Bailey has grown to become a leading firm in the New Forest, providing a full range of legal services to private individuals and businesses. Services for individuals include Residential Conveyancing, Divorce, Family, Wills Trusts & Probate, Litigation & Disputes.
SME business legal services include Corporate, Commercial, Intellectual Property, Dispute Resolution, Landlord & Tenant, Insolvency and Employment Law. Scott Bailey LLP is one of only a very few firms based in the New Forest providing these specialist services.
The first firm in the region to receive the Law Society's prestigious LEXCEL award for high standards of practice management and customer care, Scott Bailey LLP promises top-quality, professional help from a team of expert solicitors who will put your best interests at the heart of their work.
Scott Bailey was delighted and proud to win "Business of the Year" at the 2023 New Forest Brilliance in Business Awards.
