Tree Preservation Orders and conservation areas in Havant

What a Tree Preservation Order means

A Tree Preservation Order (TPO) is a written order made by the council. It makes it an offence to cut down, top, lop, uproot, wilfully damage or destroy a protected tree without the council's permission. Government guidance says cutting the roots needs consent too. A TPO can cover a single tree, a group or a whole woodland. There is no minimum size, but hedges, bushes and shrubs cannot be protected, although individual trees within a hedgerow can.

How to check if your tree has a TPO

Havant Borough Council publishes its orders in two places. On the Public Register you can search by TPO number or address, then scroll to the bottom of the results to find the TPO section. On the council's interactive map, select the address, open the 'My Maps' tab and click the TPO number to download the order for free. If you are still not sure, you can email the council's tree officer at treeofficer@havant.gov.uk.

Trees in a conservation area

In a conservation area, any tree with a trunk of 75 mm (about 3 inches) or more across, measured 1.5 m above the ground, is protected even if it has no TPO. You must give the council six weeks' notice before doing the work. If the council has no objection it will let you know. If it thinks the tree should be kept, it can protect it with a TPO. Work done without giving notice is a criminal offence.

Applying for consent

To work on a TPO tree, you apply to the council in writing, using its tree works form or the Planning Portal. A tree surgeon can help you work out what to ask for. Include a plan showing which trees you want to work on (it does not need to be to scale), exactly what work you want done to each one and why. A photo with the cuts marked on it helps. A council officer always visits before deciding, and the council aims to decide within eight weeks, or six weeks for a conservation area notice. That means work planned for the winter is best applied for in the autumn.

Dead, dying and dangerous trees

Government guidance says dead branches can be removed from a living protected tree without notice. To fell or work on a tree that is dead, you normally give the council five working days' written notice first. If a tree presents an immediate risk of serious harm, urgent work can go ahead, but only the work needed to remove the risk, and you must tell the council in writing as soon as practicable. Havant Borough Council's advice for out-of-hours emergencies is to get a tree surgeon to make the tree safe, take photos, and contact its Customer Service Team afterwards.

Why it matters

Under government guidance, unauthorised work to a protected tree can lead to a fine of up to £20,000 in the magistrates' court, or an unlimited fine if the case goes to the Crown Court. If a protected tree is removed without consent, the landowner may also have to plant a replacement. The council also points out that felling a tree with no TPO can sometimes still need a felling licence from the Forestry Commission.

How we can help

Havant Borough Council suggests talking to a tree surgeon before you contact it, so you know whether an application is needed and what to ask for. When we come out to give you a free estimate, ask us about protected trees and we'll talk you through it.

Check before you

• Fell, top or cut back a mature tree
• Prune or reduce a tree in a conservation area
• Cut roots for an extension, driveway or patio
• Remove a tree that looks dead or is leaning