TPO Applications: Emergency Tree Work After Storm Damage

When severe weather strikes the UK, property owners with protected trees face a unique challenge. Whilst storm damage to trees requires urgent attention for safety reasons, Tree Preservation Orders (TPOs) add a layer of complexity that can’t be ignored. Understanding how to navigate emergency tree work whilst complying with TPO regulations is crucial for avoiding hefty fines and ensuring public safety. This comprehensive guide explores the essential steps for handling storm-damaged trees under TPO protection, from immediate emergency response to formal applications and long-term management.

Understanding TPO Emergency Provisions

Tree Preservation Orders are legal protections placed on trees by local planning authorities across England and Wales. These orders make it an offence to cut down, top, lop, uproot, wilfully damage or destroy protected trees without written consent. However, the legislation recognises that emergencies, particularly storm damage, require special consideration.

Under Section 198 of the Town and Country Planning Act 1990, there are specific exemptions for emergency situations:

• Work that is urgently necessary to remove an immediate risk of serious harm
• Work carried out by or at the request of certain statutory undertakers
• Work to remove dead or dangerous trees

The key phrase here is ‘urgently necessary’. This doesn’t mean any storm damage automatically qualifies for emergency work. The threat must be immediate and demonstrable, not merely potential or inconvenient. For instance, a tree leaning precariously over a house after a storm would likely qualify, whilst a damaged branch that might fall in future winds typically wouldn’t.

Immediate Response to Storm Damage

When storm damage occurs to a TPO-protected tree, your first priority should always be safety. However, it’s crucial to document everything before taking action, as you’ll need evidence to justify any emergency work undertaken.

Essential First Steps

• Assess the immediate danger: Is there a genuine risk to life, property, or public highways?
• Document thoroughly: Take photographs from multiple angles, showing the damage and any immediate risks
• Contact your local authority: Many councils have emergency tree officers available during severe weather events
• Secure the area: Use barriers or tape to prevent access to dangerous zones
• Contact your insurance company: They may have specific requirements for storm damage claims

If the danger is truly immediate and severe, you may proceed with the minimum work necessary to make the situation safe. This might include removing hanging branches that could fall imminently or sectioning a tree that has fallen across a road. However, you must still notify the local authority as soon as practicable, and within five working days of completing the work.

The Five-Day Notice Requirement

One of the most critical aspects of emergency TPO work is the five-day notice requirement. This legal obligation applies even when you’ve had to act immediately to address dangerous situations. The notice must be in writing and should include:

• The location and species of the tree
• A description of the work carried out
• The reasons why the work was urgently necessary
• Photographic evidence of the danger posed
• Details of the person or company who carried out the work

Failure to provide this notice can result in prosecution, even if the work itself was justified. Local authorities in areas like Surrey, Kent, and Hampshire, which experienced significant storm damage in recent years, have become particularly vigilant about enforcing these requirements. Fines can reach up to £20,000 in magistrates’ courts, or unlimited fines if the case goes to Crown Court.

What Constitutes Sufficient Evidence?

Your documentation should clearly demonstrate why immediate action was necessary. Acceptable evidence typically includes:

• Time-stamped photographs showing the immediate danger
• Weather reports confirming severe conditions
• Witness statements from neighbours or passers-by
• Reports from qualified arborists or tree surgeons
• Police or fire service incident numbers if they attended

When Emergency Provisions Don’t Apply

It’s crucial to understand that not all storm damage qualifies for emergency exemptions under TPO regulations. Many property owners mistakenly believe that any storm damage automatically permits immediate tree work, but this isn’t the case.

Situations that typically don’t qualify for emergency exemptions include:

• Branches that are damaged but not in immediate danger of falling
• Trees that have lost their aesthetic appeal but pose no safety risk
• Preventative work to avoid potential future storm damage
• Clearing fallen branches that aren’t blocking access or posing immediate danger
• Work to improve views or increase light after storm damage to neighbouring trees

In these cases, you’ll need to submit a formal TPO application before carrying out any work. This process typically takes six to eight weeks, though some councils offer expedited services for semi-urgent cases.

Making a Formal TPO Application After Storm Damage

When emergency provisions don’t apply, or when you need to carry out more extensive work following initial emergency interventions, you’ll need to submit a formal TPO application. This process has become increasingly streamlined, with most councils now accepting online applications through the Planning Portal.

Application Requirements

Your application should include:

• Completed application form: Available from your local planning authority or the Planning Portal
• Detailed work specification: Exactly what work you propose and why it’s necessary
• Tree location plan: Clearly marking the affected trees
• Arboricultural report: From a qualified tree surgeon, typically costing £150-£400
• Supporting evidence: Photographs, structural surveys if relevant, insurance assessments

There’s no fee for TPO applications in England and Wales, unlike standard planning applications. However, you should budget for professional reports and surveys, which can cost between £500 and £1,500 depending on the complexity of the situation.

Working with Qualified Arborists

Engaging a qualified arborist is essential when dealing with storm-damaged TPO trees. Not only can they provide expert assessment of the damage and necessary remedial work, but they’re also familiar with local authority requirements and can often expedite the application process.

Look for arborists with the following qualifications:

• Arboricultural Association Approved Contractor status
• Relevant insurance including public liability (minimum £5 million)
• Experience with TPO applications in your local area
• Qualifications such as Tech Cert (ArborA) or Level 4 Diploma in Arboriculture

Costs for storm damage work on TPO trees vary significantly depending on the extent of damage and access requirements. Emergency call-outs typically start at £300-£500, whilst comprehensive storm damage remediation can range from £1,000 to £10,000 or more for large, mature trees.

Regional Variations and Local Authority Approaches

Different councils across the UK take varying approaches to TPO emergency work. Urban areas like London boroughs, Birmingham, and Manchester often have dedicated tree officers available for emergency consultations. Rural councils in areas like the Cotswolds, Lake District, or Scottish Highlands may have less immediate support but often show greater flexibility in their interpretation of emergency provisions.

Notable Regional Differences

• London Boroughs: Generally strict enforcement but good emergency support systems
• Coastal Areas: More experienced with storm damage, often faster processing times
• Conservation Areas: Additional restrictions may apply beyond standard TPO rules
• National Parks: Enhanced protection measures and typically longer application processes

Some progressive councils, particularly in the South East, have introduced ‘storm damage protocols’ that pre-approve certain types of emergency work, provided specific documentation requirements are met. It’s worth checking whether your local authority has such provisions in place.

Insurance Considerations and TPO Trees

Storm damage to TPO trees presents unique insurance challenges. Most home insurance policies cover storm damage, but there are important considerations when protected trees are involved.

Key insurance points to consider:

• Notify your insurer immediately of any storm damage to TPO trees
• Don’t proceed with non-emergency work without insurer approval
• Keep all documentation and receipts for emergency work undertaken
• Be aware that some policies exclude damage caused by TPO trees
• Consider whether you need specific tree liability insurance

Insurance companies increasingly require evidence that proper procedures were followed for TPO trees. Failure to comply with TPO regulations could potentially invalidate your claim, making proper documentation even more critical.

Long-term Management After Storm Damage

Storm damage often highlights underlying issues with tree health or structural integrity. Once immediate dangers are addressed, it’s important to develop a long-term management plan for affected TPO trees.

This might include:

• Regular professional inspections (typically every 12-24 months)
• Preventative maintenance work (with appropriate TPO consent)
• Installation of support systems like cables or braces
• Soil improvement and root protection measures
• Gradual crown reduction to reduce wind resistance

Budget approximately £200-£500 annually for professional inspections and routine maintenance of mature TPO trees, with additional costs for any approved remedial work.

Conclusion

Managing storm damage to TPO-protected trees requires a careful balance between urgent safety needs and legal compliance. Whilst emergency provisions exist for genuinely dangerous situations, the threshold for qualifying work is high, and documentation requirements are strict. Property owners should always err on the side of caution, seeking professional advice when unsure and maintaining comprehensive records of all decisions and actions taken. By understanding the regulations, working with qualified professionals, and maintaining open communication with local authorities, you can navigate these challenging situations whilst protecting both your property and these valuable natural assets. Remember that TPO trees are protected for good reason – they contribute significantly to local character, wildlife habitat, and environmental benefits that extend far beyond individual property boundaries.