Stafford Borough Council protects trees with amenity value by designating Tree Preservation Orders. The following provides information about the designation process and answers the common questions asked about works to protected trees.
Frequently Asked Questions.You will need to make a formal application to the Council for permission to carry out any works to trees covered by a TPO, the only exception being when you wish to remove deadwood only - no application is necessary for this. Forms can be obtained by telephoning (01785) 619337 and the forms will be sent to you or by e-mail to trees@staffordbc.gov.uk and we will send them out to you. Forms can be downloaded by clicking here and notes can be downloaded by clicking here.
A Tree Preservation Order or TPO is an Order made by us that gives legal protection to trees or woodlands. A TPO makes the felling, lopping, wilful damage or destruction to trees (including root damage), without the written permission of this authority, a criminal offence.
To protect trees which make a significant impact on the local surroundings. This is particularly important when there is imminent danger to a tree.
Any tree can be covered by a TPO, there is no minimum size. However, bushes and shrubs do not fall into the category. The purpose of a TPO is to protect trees for the enjoyment of everyone. Trees within hedgerows can be protected. An order can cover single trees groups of trees. areas or woodlands.
Please contact the our Contact Centre on (01785) 619337 or by e-mail to trees@staffordbc.gov.uk, quoting the addressof the property affected.
It is an offence to carry out works to a protected tree without first seeking the permission of this authority. If a protected tree is destroyed without permission, the owner and/or the person carrying out the works may be prosecuted and fined, up to £20,000, and a replacement tree, the species of which must be agreed, will have to be planted. Damaging a tree covered by a TPO is also a punishable criminal offence. Imprisonment is involved only exceptionally.
If you see works being carried out that you consider to be unauthorised please contact the Arboricultural Officer at Stafford Borough Council on telephone number 01785 619337 or by e-mail to trees@staffordbc.gov.uk. It may be helpful if, without putting yourself at any risk, you are able to obtain evidence or information in the form of photographs or details of the contractor such as vehicle registration number or any advertising on the vehicle. This will prove helpful to the Council in the event of any prosecution.
If you believe that a Tree Preservation Order should be made you need to write to the Head of Planning and Regeneration at Stafford Borough Council or by e-mail to trees@staffordbc.gov.uk and state the reasons why you want the tree (or trees) protecting where the tree is, why you think that it is threatened and why you consider it is important.
We will consider request for TPO's against three main criteria.
Stafford Borough Council has the power to implement an order with immediate effect if there is a risk to a tree, this will continue for six months or until the order is confirmed, whichever is the earliest. Under normal circumstances we aim to issue a new TPO within 10 days.
Stafford Borough Council will send a copy of the order to the owner(s)/occupiers, adjoining neighbouring properties and any other known interested parties.
Anyone can object to a new TPO or offer support by writing to the local authority explaining why. The time scale for this is usually 28 days from the date of issue and all comments will be taken into consideration. If the TPO goes before an Appeals Committee you will be notified and invited to make representations in person. The Committee can confirm, amend or not confirm an Order.
No, the owner of the tree remains responsible for the tree. Permission is required from Stafford Borough Council before any works can be carried out to the tree, unless it is has been demonstrated to be dead, dying or dangerous. If you are uncertain please contact the Arboricultural Officer at Stafford Borough Council or email trees@staffordbc.gov.uk.
Anyone can apply for works to a protected tree, even if they are not the owners but permission from the owner would normally be needed before any works are carried out.
We will almost always make a decision within 8 weeks of receipt of your application, (6 weeks for notice of intention to carry out works to a tree in a Conservation Area). On receipt of your application it will be allocated an application number and an acknowledgement letter will be sent to you (or your agent if you have used one to make the application). All trees are inspected before a decision is issued.
There is an appeals process in place (for applicants only) and details of how to go about making an appeal are sent out with all decision letters.
If a protected tree is considered to be 'dead, dying or dangerous' you are strongly advised to give the Council 5 working days written notice of your intention to carry out work. You can carry out work without prior notice if the danger is immediate, for example if the tree is in imminent danger of falling and will cause damage or injury. The onus of proof is on the person carrying out the work to prove the case and it would be advisable to collect evidence in the form of photographs, a tree surgeons report, or an independent witness statement, to provide evidence.
Generally no; the responsibility for maintenance and care of trees rests primarily with the owner.
The Council does not carry out work to trees which it does not own or control.
Look at the Arboricultural Associations lists http://www.trees.org.uk/ Alternatively, look in the Yellow Pages under the heading 'tree work' and you will find them listed in
alphabetical order.
Telephone the one you like the look of and ask him/her to come and give you a quote. It is always advisable to obtain 2 or 3 quotes as they may vary considerably. Tree contractors do not normally charge for the initial visit, consultants usually would make a charge.
The council does not produce a list of approved contractors. The leaflet is produced by the Arboricultural Association and is available online using the following link http://www.trees.org.uk/
You may wish to obtain written quotations and ask to see their insurance cover, qualifications, membership of trade associations (eg Arboricultural Association, International Society of Arboriculture) and references from previous jobs.
Working on trees can be hazardous, contractors should always use suitable equipment and protection and have enough staff on site to ensure that the job is done safely.
We strongly advise that you under no circumstances employ door knockers, and ignore leaflets and flyers advertising tree work. Itinerant tree work contractors are unlikely to have had any formal training and may have little knowledge of tree physiology or the law pertaining to trees. Their prices are often excessive and they may demand cash payments. They commonly have no business address and operate from a mobile phone.
Please do not believe people who say they act for the Council or have Council approval to do work to your trees – they don’t!
If anyone says they are from the Council they will show you their identity card which includes their name and photograph. If you have any doubts do not let them into your house and call 01785 619000 to check their identity.
We publish advice on a range of matters including through Frequently Asked Questions on the following topics (clicking on the topic of interest to you will take you to more information):-
Note:
All information contained on this and other pages relating to trees is written for the benefit of tree owners, the general public and amenity groups and answers some of the most common questions relating to trees. It is for guidance only and is not a statement of the law. You should consult a solicitor if you are unsure of your legal rights or obligations.
