A tree that is protected by a TPO require consent before
the following actions can be taken: cutting it down, uprooting it,
topping it, lopping it, wilful damage and/or wilful destruction to
it. The cutting of roots can be damaging and also requires
consent.
Download application forms further down the page.
Duration of consent
In some cases, we believe it appropriate to impose a time limit on
the duration of a TPO consent. After the expiry of the time limit a
further application for consent would have to be made.
Local authority land
If a tree is located on land
under the control of Newham council it would be subject to the
protection offered to all council owned trees.
Proposed works on any such tree must be approved by the council's
tree officers and any agreed works carried out through the
council's borough wide Tree Maintenance contract.
Trees in a Conservation Area
The Town and Country Planning Act 1990 makes special provision for
trees in conservation areas which are not the subject of a TPO.
Under Section 211, anyone proposing to cut down or carry out work
on a tree in a Conservation Area is required to give the Local
Planning Authority six weeks prior notice.
The purpose of this requirement is to give the council an
opportunity to consider whether a TPO should be made in respect of
a tree.
All trees growing within conservation areas and having a stem
diameter of more than 7.5cm at 1.3 metres above ground level are
considered protected.
Penalties
Anyone who cuts down, uproots, tops, lops, wilfully destroys or
wilfully damages a tree in a conservation area without giving a
Section 211 notice is guilty of an offence. The same applies for
contravening a TPO.
Anyone who commits such an offence and if convicted in the
Magistrates Court, is liable to a fine of up to £20,000. Anyone who
carries out work in a way that is not likely to destroy the tree is
liable to a fine of up to £2,500.
Trees and boundaries
There is nothing to prevent any person planting or growing a tree
anywhere on his/her property. Neither are there any restrictions on
the size to which he/she may grow the tree.
Branches or roots that overhang or reach beyond a property boundary
into another property may be removed by the owner of the property
into which they enter.
This work may be done without notice but only if the tree is not
within a Conservation Area and is not subject to a TPO. This common
right is invalidated if the tree concerned is subject to a TPO or
lies within a Conservation Area.
Trees encroaching over a public thoroughfare that causes
obstruction or restrict the view of road users may be regarded as a
danger and the Local Authority Highway Service may serve notice on
the tree's owner to address the problem.
The owner of a tree owes a duty of care to all third parties and is
at all times liable for any nuisance or damage that their tree
causes. Should a tree owner be aware of a defect in their tree and
not address it, they may be held liable for negligence if damage is
caused. This duty of care extends even to persons who may trespass
onto private land.
Right to light and view
There is no prescriptive right to light. Any case in respect of
loss of light may be taken to the Civil Court and proven. If
successful an injunction may be served by the court requiring the
offending tree(s) to be reduced in height or their growth
restricted.
There is no right to a view.
Conservation Area and Tree Preservation Order application
forms to download and complete
If you are planning to undertake work to trees covered by a
preservation order or in a Conservation Area, you will need to make
an application to the Council.
Reporting tree damage
To report
damage to trees in the borough's streets or green spaces, please
call 020 8430 2678 (Monday to Friday, from 9am to 5pm).
People to contact
If you wish to: a) find out if your tree is subject to a TPO; b)
find our if your tree lies within a Conservation Area; c) submit an
application for works to a tree subject to a TPO, or d) submit a
notification of works to a tree within a Conservation Area (Section
211 notice), please contact the following council officer:
Debbie Napier (Planning Officer)
Regeneration and Development
Town Hall Annexe
330-354 Barking Road
East Ham, London
E6 2RT
Tel: 020 8430 6652 Email:
debbie.napier@newham.gov.uk
If you wish to: a) carry out works on a tree(s) that is owned by
the council, b) receive general tree advice, then please contact
the following officer:
Tony Ash
(Arboricultural Inspector)
Green Space (Public Realm)
25 Nelson Street
East Ham
London
E6 6EH
Tel. 020 8430 6986 Email:
tony.ash@newham.gov.uk |