Emyr Pierce

Professional Legal Services | Cardiff

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Woodman, spare that protected tree

I moved into my new home three weeks ago and have just had a large sycamore tree felled in the back garden as it was making the conservatory very dark. My neighbour has told me that the tree was the subject of a Preservation Order which was news to me. Do I have to tell the Local Authority?

You have placed yourself in a very difficult situation. If you only purchased your property three weeks ago then the fact that you had trees in your garden which were the subject of a Preservation Order should have been made clear to you by your solicitors. The result of your Local Authority search would reveal that the property was subject to a Tree Preservation Order and this would lead your solicitor to identify which tree or trees were involved.

The TPO prevents you from lopping or felling trees the subject of the Order without specific consent from the Local Authority. Felling the tree in its entirety could lead to prosecution and you are strongly advised to contact the Local Authority to advise them of your mistake.

Buyer, spare that tree!

I am interested in a house which is in a Conservation Area and which has a large tree in its front garden, the subject of a Tree Preservation Order. My Surveyor says it is too close to the house. Could I remove it and plant a smaller tree in its place?

You must not do anything to the tree until you have the necessary consent of the local authority. It is an offence to cut down, top, lop, uproot wilfully damage or wilfully destroy a tree without the planning authority’s permission.

There are strict procedures laid down and plenty of literature available. Please see the “Guide to Tree Preservation Procedures” issued by the Welsh Assembly Government and which is available online.

The owner remains responsible for the trees, their condition and any damage they may cause. However, the planning authority’s permission is required before carrying out work on them, unless they are dying, dead or dangerous.

If the tree is causing structural damage then the evidence of your surveyor may result in the planning authority agreeing to its removal with conditions as to the replanting of a suitable replacement.