Little-known gardening mistake could land Brits 'huge' fine and criminal record

09 March 2024 , 08:30

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Gardening enthusiasts need to be wary when it comes to their trees (stock image) (Image: Getty Images/iStockphoto)

Gardeners are being warned against making a common mistake on their properties that could get them in major trouble.

With spring just around the corner - despite what the British weather might be doing - many people are preparing to get back to work in their gardens, whether it's simply planting bulbs or making some major changes after the winter months. But there is one job gardeners need to be wary of - and it's to do with their trees.

Some trees in the UK are protected and you need permission to work on them, particularly if you are considering cutting them back or getting rid of them completely. A Tree Preservation Order (TPO) keeps a tree safe from being harmed or taken away. If someone breaks this rule, they could face unlimited fines and a criminal record.

According to gov.uk, "A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. An Order prohibits the:

• cutting down

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• topping

• lopping

• uprooting

• wilful damage

• wilful destruction

of trees without the local planning authority's written consent. If consent is given, it can be subject to conditions which have to be followed."

Chris Bonnett, from Gardening Express, told the Express that anyone found guilty of purposely harming or removing a tree protected by a Tree Preservation Order could face big penalties. He explained: "Tree Preservation Orders can be a headache to navigate and if you cause damage, even unknowingly, you can be hit with a big fine and a criminal record. If you want to carry out work then you will need permission from the local authority who may impose conditions and limit the work that can be carried out.

"They are in place for a reason - to protect trees and woodland which, if removed, would have a big impact on the local environment and their enjoyment by people. But if they're in your back garden or are on adjacent land overhanging your garden, they can make regular care more tricky."

Chris added: "If the tree is in your garden, it is your responsibility to upkeep and care for it. Apply for permission from your local authority a few months before any work needs to be carried out. This includes all work, whether that's gentle pruning or a much bigger job."

You can check to see if your property or area of land has a Tree Preservation Order on it, or if it is located within a Conservation Area, by looking at the council website or by contacting the local council (usually the planning department). If your tree is protected then you will need to apply to the Council to carry out any work.

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