Liverpool City Council - FAQ

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 Tree preservation orders FAQ

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is a special form of control that applies to certain trees. TPOs are used to protect trees that are particularly attractive and contribute to the appearance of an area. It is illegal to cut down, prune, or otherwise damage a tree protected by a TPO without the Council's consent. The unauthorised lopping or felling of a tree is a serious criminal offence and can result in a fine of up to a £20,000 per tree (or unlimited on indictment/Crown Court). TPOs are made by the Council when trees are under threat of being cut down or damaged. Before undertaking any work it is worth checking to see if the tree is covered by a Tree Preservation Order or stands in a Conservation Area. Such information is available from the Planning Department 0151 233 3021 or email: PlanningandBuildingControl@liverpool.gov.uk



What is an Area TPO?

An Area (or 'blanket') Tree Preservation Order protects the trees located within an area defined on a map. Area Orders usually specify "Trees of whatever species" within the schedule which means Poplar, Sycamore and even Leyland Cypress could also be protected irrespective or their desirability. It is no-longer the Council's general practice to create new Area TPOs (excepting emergency situations) as they are, by their nature, indiscriminate in the protection they afford to trees and often include trees which are not of very high amenity value. However, there are many Area Orders in the City which were made over the last thirty years or more. An Area TPO applies to all the trees that were in existence at the time the TPO was made (and trees that have been replanted for those that have been subsequently removed), so it is often necessary to establish the age of a tree to know whether or not it is protected by an Area TPO. If you are unsure of the age of a tree, you may wish to contact us or an independent professional arboriculturalist (see FAQ "Can you recommend a tree surgeon or tree consultant). Before undertaking any work it is worth checking to see if the tree is covered by a Tree Preservation Order or stands in a Conservation Area. Such information is available from the Planning Department 0151 233 3021 or email: PlanningandBuildingControl@liverpool.gov.uk



My tree needs to be pruned what should I do?

Seek independent Arboricultural advice (See FAQ "Can you recommend a tree surgeon or tree consultant?") The timing or the level of works proposed may be wholly inappropriate when considering safety, stability and future health and development. Pruning can disrupt the natural state of the tree and also create opportunities for decay fungi to enter the tree thereby shortening its safe useful life expectancy. Before undertaking any work it is worth checking to see if the tree is covered by a Tree Preservation Order or stands in a Conservation Area. Such information is available from the Planning Department 0151 233 3021 or email: PlanningandBuildingControl@liverpool.gov.uk



How do I apply for permission/consent to carry out work to a protected tree?

If you wish to undertake felling or any form of pruning to any protected tree you need to complete and submit a tree works application form (PDF [114.6Kb] opens in new window) or tree works in a conservation area (PDF [133.8Kb] opens in new window) to the Planning Department. Application forms are also available from the Planning Department on 0151 233 3021 or email: PlanningandBuildingControl@liverpool.gov.uk. There is no charge for this type of  application and the form simply requests the following information; Your name & address, location of the tree(s) involved, what work is proposed and the reasoning for it. A sketch plan will also be required but this only needs to contain sufficient information so that the Council, local residents and your tree work contractor fully understand which tree(s) is involved. The process can take up to eight weeks from the receipt of your application until a decision is made (sometimes longer).  



Will the Council pay for my protected tree to be pruned?

No. The Council will not pay for works to protected trees. All landowners are responsible for ensuring their trees are safe (offering no threat to people or property) and any pruning (and/or felling) work required will be at the landowner's expense. You should seek independent arboricultural advise from an professional Arboriculturalist (Tree Surgeon or Consultant) (See FAQ "Can you recommend a tree surgeon or tree consultant?") on what work should/could be done to your tree to ensure that it remains healthy and stable. 



Will the Council accept responsibility for my tree if I am not allowed to cut it down and then it causes damage to my neighbour's property?

If the Council refuses permission to fell or prune a protected tree (for the reasons specified in the application), it has been assessed and deemed safe at the time of application. However, as trees by their very nature grow, they do change over time and they always remain the responsibility of the landowner regardless of any Tree Preservation Order. If you are worried about the condition of your tree and feel it poses a risk contact a tree (Arboricultural) consultant. (See FAQ "Can you recommend a tree surgeon or tree consultant?") 



Am I able to claim compensation from the Council if a protected tree causes damage?

All landowners are responsible for ensuring their trees are safe regardless of whether they are covered by a Tree Preservation Order or not. Healthy trees do sometimes fail and it is worth checking your household insurance to see what you are actually covered for and/or having an independent report done on the risk they might present to your and adjacent property. Such a report can be compiled by an Arboricultural Consultant (See "Can you recommend a tree surgeon or tree consultant?"). If permission is refused (based on the reasons specified in the application), to remove or prune a tree and it subsequently causes damage and/or harm you may only claim compensation for the damage that occurs in the 12 months following refusal. You will need to have the problem rectified at your own expense and then submit a claim within 12 months of the event to the Local Planning Authority. We will treat each claim for compensation on its own merits.



Can I appeal against the Council's decision if my application to carry out work is refused?

Appeals are dealt with independently by the Government Office for the North West. The appellant makes written representations outlining the reasons for wanting to undertake the work and the Council will prepare a report outlining its case for refusal. The information is then assessed and an independently appointed arboriculturalist who visits the site. They undertake their own inspection and make a recommendation to the Secretary of State. A decision is then made and the appellant and Council informed of the outcome. There is no stipulated time frame for such an appeal process. There is no charge for this service. For more information please contact the Planning Department on 0151 233 3021 or email: PlanningandBuildingControl@liverpool.gov.uk



I think my tree is dead and/or dangerous - can I remove it?

Any protected tree that is dead, dying or dangerous can be removed or pruned to remove defective parts without the need to submit an application provided the work entailed is of such an urgent nature that it can be demonstrated the process of applying for permission would not sufficiently expedite the removal of danger/harm. However, the onus of proof rests with the tree owner AND any contractor carrying out the work. If you plan to remove or prune such a tree it is advisable to provide us with five days notice. An Officer will then make a site visit to check that the tree is dead, dying or dangerous and if this is the case, it will be confirmed and the recommended course of action will be formally approved. Formal notification of intent to the Planning Department must be submitted by letter, fax and/or email (details provided by Planning Department Administration Desk on (0151) 233 3021 or email: PlanningandBuildingControl@liverpool.gov.uk) - failing which prosecution for unauthorised tree work may ensue. Where dangerous TPO trees are removed there is an automatic legal requirement to replace them. (see "What is a Tree Preservation Order?") Other service Other service P&T DC
What do I do if I think someone has damaged or felled a protected tree? Contact the Planning Department Administration Desk on (0151) 233 3021 or email: PlanningandBuildingControl@liverpool.gov.uk DevelopmentControl@liverpool.gov.uk. We can check to see if they are acting on permission, or undertaking work to material that is dead, dying or dangerous. If we have no record of work taking place, and the trees appear to be protected we will inspect them within 24 hours of the initial enquiry, and often much sooner. If unauthorised tree works have been carried out the Planning Enforcement Team will prepare a case for legal prosecution. (see "What is a Tree Preservation Order?")