Trees create strong feelings in people, and the council is often
asked to protect them with a Tree Preservation Order (TPO) when
they seem threatened. A jargon-free leaflet called 'Protected Trees
- a guide to tree preservation procedures' is available upon
request at the Planning reception desk. This explains how a TPO is
served.
Frequently Asked Questions
How does the council protect your
trees?
The council may protect individual specimens, groups or areas of
trees and also woodlands (but see below).
A TPO lasts indefinitely, not just for the life of the tree or
trees.
A protected tree should always be replaced with another when it
dies or is cut down. A replacement is subject to the same TPO.
The council must be quite sure that a TPO is necessary and
appropriate before serving one because, once in place, it can have
serious legal implications for owners of the tree and their
successors.
Why does the council protect your
trees?
The council has a duty under the Town and Country Planning Act
1990, to protect trees in the interests of AMENITY, when granting
planning permission. A tree's 'amenity' usually means its visual
beauty within its surroundings. Sometimes other factors, like
popularity, great rarity or wildlife habitat, can also help give a
tree high amenity value.
When does the council protect your
trees?
A TPO is often served after a request from the public but the
council can also decide to protect trees without first being
contacted.
The council generally protects trees that are under some sort of
threat. This is usually (but not always) linked to proposed
development. Other causes might include proposed field enlargements
or neighbour disputes.
The council will not serve a TPO simply because someone, some
day, might want to cut a beautiful tree down (often called a
'strategic' TPO). Where owners are sympathetic to their own trees,
a TPO is not normally needed.
In woodlands, cutting down trees is actively encouraged, as an
essential part of traditional management. Woodland TPOs are
generally used only where a wood (or part of a wood) is threatened
by destructive operations or complete loss. The Forestry Commission
is the primary authority when it comes to most woodland
matters.
How does the council decide if a tree is
worth preserving?
Once the council has decided to consider preserving a tree, an
immediate assessment of its suitability will be carried out;
normally this is done by the Landscape Officer with the Local Plans
Section. This two-part survey looks at environmental and visual
qualities associated with the tree:
A: Environmental Assessment
This is an impartial evaluation, looking at how the tree
interacts with its surroundings and establishing any problems it
may have.
1. Health and vigour - trees cannot be preserved when diseased
or dangerous. The Landscape Officer will check for symptoms of
disease and inspect the tree canopy for faults such as weak branch
unions.
2. Damage to nearby structures - trees causing structural
damage, or likely to cause such damage in the future, would not be
protected with a TPO. To build up a picture of what would happen to
nearby structures if the tree stayed, a range of factors is
evaluated. These can include soil type, tree species, foundation
depths and distances from trees to structures.
3. Planning permission - a tree cannot be made subject to a TPO
if directly in the way of development with detailed planning
permission. Where a development does not need planning permission,
a TPO may be served even if this prevents the development being
carried out (Town & Country Planning (General Permitted
Development) Order 1995).
4. Proximity to services - trees are often found close to
overhead or underground services, such as electricity, gas and
water. Roots and branches will, from time to time, need cutting
back to ensure safe operation. A TPO would not normally be made if
this essential pruning would ruin the shape of the tree or if
service safety is compromised.
B: Visual Amenity Assessment
The need to protect the beauty of trees is at the heart of Tree
Preservation Order legislation. This requires a positive yet
unemotional response from the council to trees under threat. The
council recognizes that 'visual amenity' must be expressed as
objectively as possible.
How does the visual amenity assessment work?
Prior to serving a TPO, every tree proposed for preservation is
evaluated by the Landscape Officer on seven aspects of visual
amenity. These assess not only the beauty of the tree but also how
it benefits its surroundings.
A written tree survey method is used (Arb.Journal 1994, vol.18).
This sets out a series of 'values' that are 'scored' according to
their importance. By multiplying each score, a figure is reached
called the Visual Amenity Valuation (V.A.V.) of the tree, or trees.
A very low VAV (below 100) would normally prevent a TPO from being
served.
This valuation system is used so tha the council can demonstrate
with a degree of objectivity, why it believes a tree should be
preserved. It gives anyone opposed to, or in favour of, a TPO the
chance to argue their case by challenging the score. In the event
of a prosecution for unauthorised work, a monetary value can be
assigned to any preserved tree, based upon its VAV.
1. Size - this refers to the area of the tree(s) canopy when
viewed from the side. Size is calculated by multiplying tree height
by the average canopy diameter and is expressed in Metres Square.
The larger the canopy size, the higher the score.
2. Life expectancy - calculating how much longer a tree will
live is by no means an exact science! An estimate will be made by
the Landscape Officer, based upon the findings of the environmental
assessment (see above), the tree species and by using established
systems of gauging age (Mitchell 1974; White 1999). Overall tree
lifespan will be based upon the general guide contained in the VAV
survey sheet notes. The longer the life expectancy, the higher the
score.
3. Position - this refers to the importance of the tree in the
landscape and is probably the easiest aspect to express
objectively. The score reflects trees in relation to buildings and
landform, as well as how many people can see it. A tree that cannot
be seen from any public vantage point scores low in this
category.
4. Other trees - this assigns the highest scores to trees that
are few in number or single specimens. Woodland scores lowest of
all but may be subject to a different assessment system altogether
(see below).
5. Relation to setting - amenity value in trees relates not just
to the tree itself, but also to how well it suits its surroundings.
A large tree in a restricted space, or one that will become large
may score low.
A small tree appearing insignificant in a large space, a
short-lived species or one out of character with its surroundings,
all score poorly. Cedars and mansions, oaks and country lanes,
willows and rivers are all examples of trees in suitable settings,
which will score well.
6. Tree form - probably the category most likely to cause
controversy, llovely tree form being very much in the eye of the
beholder! Form need not be 'natural' to score highly, with
pollarded or well-pruned trees being entirely acceptable.
Mutilated, smashed or diseased trees will not do well.
7. Special factors - this category is reserved for rare cases;
trees with historical connections or botanical scarcity for
example. If it is particularly important to screen an unpleasant
view, or maintain an avenue, then extra points may be scored; trees
in Conservation Areas will score an extra '1' in this section.
A 'zero' score in any one section means that the tree will not
be made subject to a TPO. Trees with an overall VAV score of less
than 100 would also not normally be preserved. A moderate or high
score will still be tempered by the results of the Environmental
Assessment, but the tree(s) would be considered for a TPO.
What other documents are used in making
a TPO?
These documents are available for inspection at the Planning
reception desk:
- Tree Preservation Orders - a guide to the law and good
practice. Published by the Department of Environment, Transport and
Regions (DETR) in March 2000, this guides councils and public over
the forms and procedures recommended for serving TPOs.
- Protected Trees - a guide to tree preservation procedures. A
free leaflet published by DETR. Copies available at the Planning
reception desk upon request.
- British Standards Institute Publication BS 5837:1991. Called
'Trees in relation to Construction', this document sets out how to
evaluate and overcome the likely impact of new development upon
existing trees. It also details how to assess trees' suitability
for retention on development sites.
- Mid Suffolk Local Plan (adopted September 1998) - policy CL6.
Sets out when the council deems it appropriate to serve a Tree
Preservation Order.
- Professional Guidance and Information Notes - various
professional bodies issue regular advisory documents, of which
those concerned with new diseases and the effects of trees on
foundations are the most relevant.
- Woodland Amenity Assessment Sheet - as the criteria for
assessing woods for preservation are different, a separate but
similar system to this is used.
- The council will also make use of various Planning Policy
Guidance Notes and Government Circulars on occasion.
Please note: The council will always seek to
use the most up-to-date information and advice in making TPOs. As
the documents listed above may be amended or superseded from time
to time, it will normally be the latest editions being used.
Who can you talk to for more
information?
David Mitchell
Landscape Officer
Local Plans Section
Mid Suffolk District Council
Telephone:
07801587860 (Mon - Wed)
01449 724612 (Thur - Fri)
Email:david.mitchell@midsuffollk.gov.uk