Tree preservation
What are Tree Preservation Orders?
Trees are an important and attractive feature of the urban environment and Walsall Metropolitan Borough 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 650 Tree Preservation Orders, each protecting from 1 tree to whole woodlands. Trees in each of the borough's 17 conservation areas have more limited protection.
Most applications to fell and prune trees are decided by the head of environmental regeneration. In some cases, for example, where there is exceptional public interest, application may be decided by the council's development control committee.
View our online form for an application to undertake works to trees protected by a Tree Preservation Order or in a Conservation Area.
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.
More information can be obtained from the ODPM's Guide to TPO's and Conservation Areas (external link).
ODPM Trees and hedges team
Livability and sustainable communities division
Ealand house
Bressenden Place
London
SW15 SAU
Telephone 0207 944 4400
Access
Telephone enquires are welcome during office hours. We can normally tell you whether any tree in the borough is protected by a Tree Preservation Order within five minutes. The tree preservation officers are available on 01922 652480. If they are unavailable other officers will usually be able to deal with your enquiry.
Pre-application advice from private sector arborists is advised to ensure the resulting application is processed smoothly. In special circumstances where the safety of the tree is in question, the tree preservation officers will inspect the tree(s) and give advice.
All applications to fell or prune a protected tree are free but there is a charge made for copies of Tree Preservation Orders.
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 photos) 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.
If you are in doubt about what kind of care your tree requires either consult an arborist or visit the Arboricultural Association or International Society of Arboriculture website for guidance on the correct approach.
Standards
The tree preservation service is provided by the natural environment section in the environmental regeneration team. The team aims to provide a quality service for its customers.
Applications to carry out work to protected trees will be dealt with efficiently within the eight week period allowed to us by law, but we will aim to reach a decision before this, if possible. For trees within conservation areas not protected by a Tree Preservation Order, anyone wishing to carry out pruning or felling works must give the council six weeks notice. The council can either allow the work or make a Tree Preservation Order. The council will respond to these notifications within six weeks. When any application is received we will consult neighbours and other relevant people and groups and take all comments in to account when considering an application.
Trees can arouse considerable local interest and proposals to fell or prune protected trees often attract both support and opposition. In all cases we will act impartially, assessing the views of all interested parties before reaching a decision.
If permission to carry out major work to a tree is refused, we will, when appropriate, give permission for lesser work.
Requests to the council to make a Tree Preservation Order to protect prominent trees under threat can be made by anyone. We will consider every request carefully.
Redress
If you are dissatisfied with the council's decision on your application to fell or prune a protected tree you can appeal to central government.
If you are not satisfied with our service please let us know. This will give us the chance to put things right and help improve the service. The tree preservation officer will try and resolve any problems.
If you are still dissatisfied and wish to make a formal complaint please write to:
Head of environmental regeneration
Planning and transportation services
2nd Floor
Civic Centre
Darwall Street
Walsall
WS1 1DG
If you remain dissatisfied you can seek an independent investigation by the Local Government Ombudsman.
On the other hand, if you are pleased with the service we have provided or have a suggestion for improvement, we would be delighted to hear from you.
Safety
Safety is central to the service we provide.
Trees can become dangerous and, in rare cases, cause damage or personal injury. Although only healthy trees are protected when Tree Preservation Orders are made, even protected trees deteriorate over time. It is always the owner's responsibility to make sure a tree protected by a Tree Preservation order is not allowed to become dangerous.
If your protected tree becomes dangerous, the law allows you to carry out works to make it safe. Unless the tree is so dangerous it has to be felled immediately it is desirable to confirm with us that the tree is dangerous. In such emergencies we can often inspect a tree within a few hours on working days.
Tree work is potentially hazardous and great care and expertise is required. Permission given for work to a protected tree is often conditional on the tree's owner using a suitably qualified tree surgeon. A list of such tree surgeons is available on request.
Contraventions of the TPO legislation can lead to criminal prosecution proceedings in the Magistrates Court.
Contact us
Planning and transportation services
Environmental Regeneration
2nd Floor
Civic Centre
Darwall Street
Walsall
West Midlands
WS1 1DG
Telephone 01922 652447
Email envregen@walsall.gov.uk
DCLG Trees and Hedges Team
Livability and sustainable communities division
Ealand House
Bressenden Place
London
SW15 SAU
Telephone 0207 944 2847
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-uki.org
This page was last updated on 03 January 2008