In order to protect trees in the interest of amenity, particularly when they are considered to be at risk, the Council can make a Tree Preservation Order (TPO). An Order can specify a single tree, groups of trees or woodlands but not hedges or shrubs. Trees do not have to be exceptional or unusual individual specimens to merit inclusion in a TPO, but are assessed on their contribution to amenity and the local landscape.
Many trees in the borough are protected by Tree Preservation Orders (TPO’s) these orders have been placed on some trees or woodlands either by High Peak Borough Council, Derbyshire County Council or the Peak District National Park Authority. It is a criminal offence to damage or destroy, fell, top, lop or uproot the tree(s) without the consent the consent of the relevant Council. It is therefore important to check whether a tree is protected before undertaking any work this includes excavation and other works near a tree which may damage the root system.
A Conservation Area is a designation that covers historic areas such as the centres of towns and villages, however trees are usually such an important part of the overall appearance and character of Conservation Areas that they are given additional protection Any person wishing to fell, top or lop a tree in a Conservation Area with a stem diameter over 7cm (measured at a height of 1.5m above ground level) is required to give six weeks prior written notice to the Borough Council. This will allow time to consider whether a Tree Preservation Order should be made. The Department of Communities and Local Government website www.communities.gov.uk (external website**) has lots of useful information on protected trees including the comprehensive guide ‘Tree Preservation Orders: a guide to the law and good practice.’
These orders are placed on individual and groups of trees by councils. They make it illegal to carry out any work without obtaining prior consent. Trees protected in this way are usually mature specimens, which form an important part of an area's character. However, less prominent trees are sometimes protected, so you should be sure that a TPO does not exist before undertaking any work.
A Conservation Area is a designation that covers historic built areas such as the centres of towns and villages and affects trees. It also includes protection of trees with a stem diameter over 7.5cm (measured at a height of 1.5m) within the Conservation Area. You are required to give the council 6 weeks written notification before you undertake any works to trees protected in this way. You can download an TPO application form and TPO application guidance notes.
Popular misconception concerning Conservation Areas and TPOs is that they apply only to specific species or age of tree. This is untrue; any species or age of tree can be protected therefore it is always advisable to check with the council.
Use the Tree enquiry/request form to email the details of the tree including the address of where the it is located, its species and any other relevant information. You can also check the location and extent of Conservation Areas online.
If you are in the Peak Park area you should contact the Peak District National Park Authority directly on (01629) 816200 before you can undertake any work to these trees.
If the tree in question is covered by a Tree Preservation Order (TPO) or in a Conservation Area, you will need to submit an application form, which is free of charge. You need to include details of the exact location of the tree along with details of the species and exactly what work you wish to do. For a TPO application we would recommend that you consult an Arboricultural contractor prior to submitting your proposal for a detailed specification of the work proposed. If you are apply to do works, particularly felling, due to the condition of the tree you will probably need a report for an Arboricultural Consultant. Further information on making an application can be found in the Guidance notes. Provided all the information is complete, we notify you that the application is valid. An officer will visit the site to assess the trees and you will be issued with a decision notice.
Hedgerows are protected under the 1997 Hedgerow Regulations. They make it a legal requirement to notify your council before removing a whole hedgerow or part of one. Hedgerows are considered worthy of protection due to the number of woody species they contain, or to associations with ancient monuments, historical parish or manor boundaries and other features. Hedges adjacent to residential properties are exempt from this legislation. You can download a hedgerow removal application form.
for more information about common tree operations before applying for tree works to trees Subject to a Tree Preservation Order (TPO) and/or notification of proposed works to trees in conservation areas. to fill and send back to us; or - this guidance, for tree owners, the general public and amenity groups, answers some of the most common questions about tree preservation procedures. Please Note: the list cannot be considered as a definitive check on whether a tree is protected or not, and before you undertake any tree works, you should contact us.
Contact the Development Control team or our Arboricultural Officer, by calling 0845 129 77 77 or 01298 28400, if you require further advice, or wish to discuss your proposed works.
**Please note: High Peak Borough Council is not responsible for the content of any external websites.