Tree Preservation Orders can bring with them a sense on diminished responsibility regarding liability. However as landowners the trees on your land are your responsibility regardless of whether or not they carry a TPO. However should an act of god occur and trees get damaged hereafter cause further damage to property or persons; does the council have to contribute to the payout for repairs? Good question; according to the general principles of a TOP – no it doesnt.

General Principles of a TPO

Owners of trees are responsible for maintaining their trees, though there are no statutory rules setting out how often or to what standard.

Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary. Work should only be carried out to the extent that it is necessary to remove the risk.

Anyone wanting to cut down, top, lop or uproot trees subject to an Order, must first apply to the local planning authority for its consent unless the proposed work is exempt through an exception. Where an exception applies the authority’s consent to carry out works is not needed, but notice of those works may need to be given to the authority.

Dead Trees & Branches – Unless work is urgently necessary because there is an immediate risk of serious harm, 5 working days prior written notice must be given to the authority before cutting down or carrying out other work on a dead tree. The authority’s consent for such work is not required. Where a dead tree not covered by the woodland classification is removed. The exceptions allow removal of dead branches from a living tree without prior notice or consent. Where a dead tree is removed, the landowner has a duty to plant another tree of an appropriate size and species at the same place as soon as he reasonably unless the local planning authority agrees to dispense with this requirement.

Dangerous Trees and Branches – Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary. Work should only be carried out to the extent that it is necessary to remove the risk.

Legal Liability of a TPO

The Owner of a Tree has a duty of care to avoid acts or omissions which he or she could reasonably foresee may result in harm or injury. When a tree owner fails to exercise his or her responsibility the result may be a claim for negligence. The fact that a tree may be subject to a TPO does not remove this duty of care.

Where the Owner fails to take any necessary action to maintain the tree, resulting in harm or injury to people property, then if that harm or injury is reasonably foreseeable, it is likely to be categorised as negligence.

Unless an exception applies, the Owner should apply to the Council for to undertake works using the standard application form, identifying the tree(s) and provide a full and clear specification of the works intended to be carried out and the reasons for them. It is recommended that a Tree Contractor or Consultant is engaged.

The Council would not in the normal course of events be liable for damage caused by falling branches because there are exceptions that exist to allow the owner to carry out works without consent in respect of dead and dangerous trees.

5. The responsibility of the owner to maintain the tree is ongoing and so the onus is on them to carry out periodic inspections to whether the condition of the tree has changed. Therefore, if an application for works is turned down by a Tree Officer using his or her professional judgement at a particular time, the responsibility remains with the tree owner to continue to monitor the trees, and thereafter to reapply to the Council for consent for works, should they consider that their condition has deteriorated, resulting in an increased risk of harm.

Point 5 above limits any option for the council to pay out…