Tree Preservation Orders and the Impact of Storms

Since January 2024, Storms Isha, Jocelyn and Kathleen have caused a trail of disruption and damage across Northern Ireland. January’s storms caused power outages for over 40,000 homes, damage to properties and trees and branches to fall, blocking roads. There were around 930 reports of fallen trees and branches with several being from the famed Dark Hedges in County Antrim. Of particular legal concern, is when the damaged tree is in a Conservation Area or is subject to a Tree Preservation Order (TPO).

Tree Preservation – Legal Background

In Northern Ireland, trees may be protected by a Tree Preservation Order made under The Planning (Trees) Regulations (Northern Ireland) 2015 and the Planning Act (Northern Ireland) 2011. A TPO can protect a specific tree, groups of trees, or woodlands where their removal would have a significant negative impact on the area and its biodiversity. Trees contained in a Conversation Area are also automatically protected.

Breach of TPOs

When a TPO is in place, it is an offence for a landowner to cut down, top, lop, uproot, wilfully destroy or damage a protected tree without the consent of the local planning authority. The breach of a TPO can result in a fine of up to £100,000 or an unlimited fine if convicted in the Crown Court.

Storm Damage

If any tree subject to a TPO is badly damaged in a storm and poses an urgent safety risk, this is an exemption under the legislation and work may be carried out by the landowner concerned without obtaining consent from the local planning authority. It is recommended however, to make the local planning authority aware of the proposed works prior to them being carried out.

Minor branches that have been separated from the protected tree, can easily be cleared up. However, if the damage is more serious such as a cracked trunk, or major branches have broken but not come away from the tree, it would be advisable to consult with a professional tree surgeon or qualified arboriculturist. They will be able to advise whether you need to seek permission from the local authority or file an application in order to carry out repair work.

Remedy Storm Damage

If any tree subject to a TPO is removed, uprooted, or destroyed in breach of the TPO, or if it is removed, uprooted, or destroyed due to storm damage, it is the landowner’s responsibility under section 125 of the Planning Act (Northern Ireland 2011) to plant another tree.  This should be of an appropriate size and species and at the same location. The replacement tree should be replanted as soon as reasonably possible. If any tree subject to a TPO is replaced, the TPO will apply as it did to the original tree along with any conditions attached to it. The duty to replace the tree is on the relevant landowner.

When managing any trees on land that may be in a Conservation Area or subject to a TPO, a landowner needs to exercise caution and check the relevant legal status.  A report from an appropriately qualified arboriculturist may also be required prior to removal in order to minimise the possibility of conviction and incurring a hefty fine.

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact our Planning & Environment team at Cleaver Fulton Rankin for further advice or information.

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