The landowner remains responsible for the trees cover by a Tree Preservation Order, their condition and any liability in relation to any damage they may cause.
Can I cut down or carry out works to trees protected by a TPO?
You need our consent to do this.
Submit your application for consent for works.
What do I need to include with my application to carry out tree works?
You need to specify:
- type of trees concerned, quoting the tree tag number if known
- exact location of trees on a suitably scaled map
- precise nature of the work requested
- why this work is required
Prior to submitting your application it is advisable to seek the advice of a qualified arboriculturist who will be carrying out the work if consent is granted.
What about tree works in a conservation area?
Anyone proposing to carry out works on the trees in a conservation area, must inform us six weeks in advance of the intended works.
The notice should contain sufficient information to identify the trees, details of the proposed works and reasons.
We will respond within six weeks. We will impose a Tree Preservation Order if we consider the proposed works should not be carried out.
Work should not commence until we have commented, or the six weeks has expired, whichever takes place first.
The planned works must be completed within two years of the date we were informed. Otherwise a further notice seeking approval should be submitted.
When we receive your application
We will consider each application on a case-by-case basis. The consent for works will either be granted approval subject to condition or alternatively refused consent.
If you are not happy with our decision you can appeal to the Planning Appeals Commission within four months of the decision.
Dead or dying trees
In circumstances where a tree which is protected (either through TPO or planning condition) is dead, dying or dangerous and/ or poses imminent danger, the landowner must inform us immediately of works. They must submit relevant evidence such as an arboriculturists report, photographs etc.
The landowner will be required to replant with trees of appropriate size and species, in the same location as soon as reasonably possible.
A dead or dying tree however may provide a habitat for plants and wildlife protected under the Wildlife Order (NI) 1985.
Trees with hollows or crevices, for example, provide important natural sites for many protected species. Anyone proposing to carry out works to trees containing protected plants and wildlife, should first consult the Department of Agriculture, Environment & Rural Affairs (DAERA).