Disregarding tree orders could result in big fines

HOMEOWNERS are being warned they could be slapped with an unlimited fine and a criminal record for removing protected trees from their garden.

Chris Bonnett, from Gardening Express, is urging people to check whether trees in their garden are protected before carrying out work on them.

He says anyone found guilty of deliberately damaging or removing a tree protected by a Tree Preservation Order (TPO) faces big penalties.

A TPO protects a tree from deliberate damage or removal. The order, made by planning authorities, prohibits the cutting down, topping, lopping, uprooting, wilful damage and wilful destruction of the tree without written consent.

The order can be used to protect individual trees, trees within an area, groups of trees and even whole woodlands.

The person who has cut or damaged the tree is liable and this could be the current homeowner, former homeowner or a professional paid to carry out the works and you can be found guilty even if you were unaware the order was in place.

Fines take into consideration the damage caused. If the removal or damage adds value to your property, the fine will reflect this.

However, Mr Bonnett advises this doesn’t mean you can’t touch or maintain the tree, you just need written permission for any works to be carried out.

He adds: “You will need permission from the local authority who may impose conditions and limit the work that can be carried out.

“If the tree is in a conservation area, notice must be given six weeks before, and if the council refuses or people object, then another TPO could be placed on the tree.”

If in doubt contact your local authority.