Tree Preservation Orders (TPOs) in Hackney: A Homeowner’s Guide

10 Jul

If you have a tree in your garden, it’s important to check whether it’s protected before arranging any work. In Hackney and across North London, many mature trees are legally protected by a Tree Preservation Order, often shortened to TPO.

A TPO protects the tree, meaning you can’t carry out any tree maintenance or removal without permission from the local authority. This can sometimes surprise homeowners, especially when a tree is on private land. So, before booking a tree surgeon in Hackney, it is always safer to check the tree’s status first.

Key Takeaways

A Tree Preservation Order (TPO) is legal protection placed on a tree, group of trees or woodland by the local authority. If a tree has a TPO, you can’t cut down, uproot, top, lop, willfully damage or willfully destroy a tree without permission.

For homeowners in Hackney, the safest first step is to check whether your tree is protected before arranging any work. You can do this via the council’s planning maps, conservation area maps, or by enquiring with the local authority. Carrying out unauthorised work on a protected tree can lead to prosecution, fines, and planting a replacement tree.

Hickson Wardle can carry out the planning application process on the client’s behalf for a small fee. Contact us to find out more.

What is a Tree Preservation Order (TPO) and Does it Apply to You?

A Tree Preservation Order protects trees in the interests of amenities. This might be because a tree adds character to a street, supports local wildlife or forms part of the wider urban canopy.

An Order prohibits homeowners from cutting down, topping, lopping, uprooting, willfully damaging or destroying a tree without written consent. However, the local authority encourages good tree management to help maintain and enhance the amenities provided by protected trees.

A TPO can apply to trees in front gardens, back gardens, shared boundaries, commercial sites or development plots. If you’re unsure whether your tree is protected, a professional tree survey can help confirm its condition, location and legal status.

The Difference Between a Specific TPO and a Conservation Area

A TPO usually protects a specific tree or group of trees. Whereas a conservation area is different because it protects the wider character of an area. However, this often includes extra controls around tree work.

If your property is in a conservation area, you might need to give the council notice before carrying out maintenance work, even if the tree doesn’t have its own TPO. This is why it’s important to check both. A tree might not be covered by a specific tree preservation order, but it could still be protected by conservation area rules.

Why Hackney and North London Councils Heavily Protect Urban Canopies

Trees are especially important in built-up parts of London. In areas such as Hackney, mature trees provide shade during hot weather, support biodiversity, sequester carbon, improve air quality, and mitigate local flooding by improving drainage.

Hackney Council has planted 5,000 new street trees over the last 4 years as part of its commitment to environmental sustainability and to creating a greener community. It is one of the largest urban tree-planting programmes in the country, expected to increase the on-street tree canopy coverage to 30%.

While urban canopies are protected, this doesn’t mean tree work can’t happen. It simply means the work must be properly justified and, where required, approved.

How to Check if Your Tree is Protected

Before arranging work with a tree surgeon in Hackney, you need to check whether your tree is protected. This is especially important if the tree is mature, visible from a public road, close to a boundary or located in a conservation area.

You can check local tree information through the council’s online resources. Look for individual TPOs, conservation area boundaries, planning conditions, and any previous tree-work records. If the information is unclear, an experienced arborist in North London can carry out a tree survey for you and advise on the next steps.

Navigating Hackney, Islington, or Haringey Council TPO Maps

Each council presents its tree information slightly differently, so it’s important to use the correct local authority website. This is especially important if your property is on a borough boundary.

Islington Council provides an interactive map of the borough where you can view all trees and trees with preservation orders.

Haringey Council also has an interactive map for trees with tree preservation orders, and you can search the Haringey public register by selecting 'Tree Preservation Orders' in the category list to find out whether your trees are protected.

If you’re not sure whether your tree has a TPO, arrange a tree survey and avoid starting work until the tree’s status has been confirmed.

Can You Prune or Remove a TPO-Protected Tree?

You can apply to prune or remove a TPO-protected tree, but you have to wait for council consent before any work begins. Common reasons for applying include crown reduction, deadwood removal, branch clearance, disease, safety concerns or serious structural damage.

A strong application explains what work is proposed, why it’s needed and how much of the tree will be affected. Supporting photographs, a tree survey or advice from a qualified arborist can help the council understand the request.

Step-by-Step: The Council TPO Application Process

You can apply to work on a TPO-protected tree through the Planning Portal or download an application for tree works and post or return it by hand to the local council office. The process usually involves:

● Checking that the tree is protected by a TPO

● Arranging a tree survey to find out more about the tree type and condition

● Preparing a sketch map showing the tree’s location

● Setting out the intended works and the reasons for them

● Providing supporting photographs or arboricultural evidence where needed

● Including replacement planting details if the tree is being removed

● Submitting the application to the local planning authority

● Waiting for written approval before booking the work

A TPO application can take up to 8 weeks to be approved, and once consent is granted, it usually lasts for 2 years.

The Costly Consequences of Cutting a Protected Tree Without Permission

Carrying out unauthorised work on a tree protected by a TPO can result in fines and legal action. This applies to anyone who damages, removes, prunes or carries out work on a protected tree without permission from the local planning authority.

If a protected tree is removed, uprooted, or destroyed, you may also be required to plant a replacement. Local authorities can enforce this through a tree replacement notice if needed.

Unauthorised work can also cause problems during property sales, planning applications or neighbour disputes, so it’s always safer to check the tree’s status and get written approval before any work begins.

Dead, Dying, or Dangerous: Understanding TPO Exceptions

There are limited exceptions for trees that are dead or dangerous, but these should be handled carefully. A tree that looks unhealthy isn’t automatically dangerous in the eyes of the law.

If you think a protected tree is unsafe, it’s best to get professional advice as soon as possible. A qualified tree surgeon in North London can assess the tree and record its condition with photographs, notes and recommendations.

Where possible, contact the council before work is carried out. If there is an immediate risk to people or property, emergency work should usually be limited to making the tree safe.

When Emergency Tree Work is Allowed (and the Proof You Need)

Emergency tree work might be allowed when there is an immediate danger. This could include storm-damaged branches over a pavement or a tree that has become structurally unstable.

Evidence is very important, so take clear photographs before and after the work, record the date and reason for the work, and keep any written advice from your tree surgeon. This can help if the council asks for proof afterwards.

Tree Protection Orders FAQs

Q: How do I know if my tree has a TPO in Hackney?

A: You can check the interactive planning maps on the London Borough of Hackney website or submit a quick asset enquiry to the local planning authority.

Q: What is the fine for cutting down a tree with a TPO in London?‍ ‍

A: Fines for unauthorised work or destroying a protected tree are unlimited in the Magistrates’ Court, often reaching up to £20,000 per tree.

Q: How long does it take to get council approval for TPO tree works?‍ ‍

A: Once submitted, local councils typically take up to 8 weeks to make a decision on an application to prune or remove a protected tree.

Contact Hickson Wardle

Barry Wardle