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Tree preservation

What are Tree Preservation Orders?

Trees are an important and attractive feature of the urban environment and Walsall Council has legal powers to protect them for the benefits they bring.

The council can protect trees by making Tree Preservation Orders meaning that trees protected in this way cannot be pruned or felled without the council's permission. The borough currently has 860 Tree Preservation Orders, each protecting from one tree to whole woodlands. Trees in each of the borough's 18 Conservation Areas have more limited protection.

Most applications to fell and prune trees are decided by the head of Natural Environment. In some cases, for example, where there is exceptional public interest, application may be decided by the council's development control committee.

While trees can be very attractive they can sometimes cause damage, especially as they mature. The council therefore is careful to maintain the borough's tree cover by securing replacements for protected trees that have to be felled.

Should your trees be 'under control'?

No! Trees grow! Most trees will re-grow after they have been pruned. You can keep them to a certain size only by spending money as long as they live by having them pruned regularly. This would be detrimental to the trees health and appearance as well as being very costly. It's better to learn to live with the tree at its natural size, or to consider replacing it with a tree which will naturally grow to a smaller size. Problems with leaves, fruit or berries blocking gutters or filling gardens are not reasonable grounds for felling or pruning a protected tree; these are the trees' natural biological functions.

The council will not sanction the 'topping' of trees (see photograph below) as this is neither a sustainable form of tree management nor a safe practice. Topping structurally weakens trees and makes them much more likely to lose branches. The resulting regrowth will be denser than the original growth and therefore defeats the purpose of doing it in the first place. more likely to lose branches. The resulting regrowth will be denser than the original growth and therefore defeats the purpose of doing it in the first place.

If you are in doubt about what kind of care your tree requires either consult an arborist (Tree Contractors List) or visit the Arboricultural Association for guidance on the correct approach.

Requesting a Tree Preservation Order

In order to protect trees in the interest of amenity, particularly when they are considered to be at risk, the council can make a Tree Preservation Order (TPO). An Order can specify a single tree, groups of trees or woodlands but not hedges or shrubs. Trees do not have to be exceptional or unusual individual specimens to merit inclusion in a TPO, but are assessed on their contribution to amenity and the local landscape. The tree officer will decide whether  a tree or a group of trees requires protecting by considering the following criteria:

  • The condition of the tree(s) and an assessment of future life expectancy
  • An assessment of the potential threat to the tree and whether it is expedient to make a Tree Preservation Order
  • A landscape appraisal, which will consider visual prominence, landscape setting, presence of other trees and function and suitability of the tree(s) to the site.
  • Future benefits the tree might provide, growth potential, age and assessment of wildlife habitat

The effect of a TPO is to make it an offence to damage or destroy, fell, top, lop or uproot the tree(s) covered, unless by consent of the council. There are legal powers the council may use to prosecute offenders. A person who intends to carry out work to a protected tree is required to submit an application for consent under the TPO. Applicants are encouraged to seek the advice of an arboriculturalist before making an application. Please note that your application in full will be part of the public register, may become accessible via the council’s website and can in certain circumstances be copied to neighbours and other third parties.

Contact us

Development and Delivery

Natural Environment
Walsall Council
2nd floor, Civic Centre
Darwall Street
Walsall
West Midlands
WS1 1DG

Telephone 01922 652476
Email treepreservation@walsall.gov.uk

CLG Trees and Hedges

Planning, Building and the Environment
Eland House
Bressenden Place
London
SW15 SAU

Telephone 02847944 4400
Website www.communities.gov.uk

Arb Assoc

Ampfield House
Romsey
Hampshire
SO51 9PA

Telephone 01794 368717
Website www.trees.org.uk

ISA

148 Hydes Road
Wednesbury
West Midlands
WS10 ODR

Telephone/fax 0121 556 8302
Website www.isa-arboriculture.org