Protection of trees
The Council protects trees by making Tree Preservation Orders (TPO). A TPO aims to protect trees that make a significant contribution to the visual amenity of an area e.g. if they are a good example of their species or form an important feature within the local landscape.
The local planning authority can make a TPO in respect of a tree, group of trees or woodland including hedgerow trees but not hedges, bushes or shrubs. Members of the public may make a request for a TPO to be made. The effect of a TPO is to make it an offence to carry out most works to trees without the Council's consent.
Such works include:
- lopping, crown reducing, topping, pruning to your boundary
- damaging roots
- wilful damage or destruction
Anyone wishing to carry out work to a protected tree must apply to the Council. Any submission documents should be provided in a PDF format where possible (no word or excel documents where possible). You can apply online via the Planning Portal.
Map of Tree Preservation Orders and Conservation Area Boundaries
The information contained in the following link is only indicative, it must not be used as verification that any specific tree is protected.
If you are unsure whether a tree is protected by a Tree Preservation Order or if you have further questions please contact the Council Planning Team for additional clarification before undertaking any works to a tree (0191 6432310 or firstname.lastname@example.org)
Trees within a conservation area
Trees make an important contribution to the character of the local environment. Anyone proposing to cut down, top or lop a tree in a conservation area, whether or not it is covered by a tree preservation order, has to give the council six weeks notice.
The authority can then consider the contribution the tree makes to the character of the area and if necessary make a tree preservation order to protect it. Notice of works to trees in a conservation area can either be made in writing to the Planning Department, or by completing the Application to Carry Out Works on Trees Form.
Ownership and liability
Trees normally belong to the land on which they stand regardless of who planted them and are therefore the property of the owner of the land, unless otherwise stated in a tenancy agreement for example.
The position of the trunk determines ownership and this may be shared if the tree straddles a boundary. The ownership of a tree carries with it the responsibility for its maintenance and therefore any problems or damage that it may cause if it can be demonstrated that the owner was negligent in allowing the tree to become dangerous.
The fact that a tree is covered by a TPO does not mean that the Council will be responsible for its maintenance. The courts have suggested that a tree owner should inspect his trees for potential problems on a regular basis. If an owner fails to inspect his trees or fails to act on the recommendations of an inspection, he may be judged negligent and liable to pay for the damage caused.
Liability can apply as much to the roots of the tree as it does to the branches, where they cross a boundary and cause damage. Negligence is not a consideration where the problem could not reasonably be foreseen.
Notification of a provisional TPO
In accordance with the Town and Country Planning Act 1990 and the Town and Country Planning (Tree Preservation) (England) Regulations 2012, the Council of the Borough of North Tyneside have made the following provisional Tree Preservation Order, which will remain in force for six months. During this time the Council will decide whether the Order should be given permanent status.
- PLEASE NOTE - There are currently no provisional Tree Preservation Orders to be consulted on within the Borough
A copy of the Order is available to view in the documents listed below.
What does this mean?
In simple terms, the Order means no one is allowed to:
a) wilfully damage or destroy; or
b) cut down, top, lop or uproot without the Council’s written permission; or
c) cause or permit the carrying out of any of the above activities to
any of the trees described in the Schedule of the Order and shown on the map, which is available to view in the document below.
How to get in contact
People affected by the Order have a right to object or make representations on any of the trees or woodlands specified in the Order before the Council decides whether the Order should be made permanent.
If you would like to make any objections or comments, you must submit them in writing within 28 days from the date of this notice. Your comments must comply with Regulation 6 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012.
Please send your comments to Democratic Services, 3FL, North Tyneside Council, Quadrant, The Silverlink North, Cobalt Business Park, North Tyneside, NE27 0BY or by email to email@example.com, to be received on or before the date stated above for the relevant Order.
The Council will carefully consider all objections and comments before deciding whether to make the Order permanent.
You will be notified of the Council’s decision on whether to confirm, modify, or not confirm the Order when it is made.