Protected Trees in the Council Area

Tree Preservation Orders (TPOs)

• What is a Tree Preservation Order?                                      
• Why Protect Trees?
• What types of trees are covered?                                          
• How are TPOs initiated?
• Are trees in a conservation area protected?
• Where are the TPOs and conservation areas in Newry, Mourne and Down?
• Can I carry out works to protected trees?
• Guide to TPOs

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is a legal protection for trees under the Planning (Trees) Regulations (Northern Ireland) 2015. It helps make sure important trees or woodland cannot be cut down, uprooted, or pruned without permission.

Why Protect Trees?

Trees offer many benefits to people and the environment. They:

• Add beauty and character to an area
• Improve the local landscape and sense of place
• Provide habitats for wildlife
• Support people’s health and wellbeing

A TPO is used when removing a tree could have a significant negative impact on the local environment or public enjoyment of an area.

Under the 2015 Regulations, the Council has a legal responsibility to protect important trees.

What type of trees are covered?

A TPO can protect anything from a single tree to an entire woodland. Any tree species may be protected.

To be considered for a TPO, trees must:

• Be over 3.5 metres in height (unless part of a woodland TPO)
• Have high amenity value
• Be in reasonable condition
• Hedges, bushes and shrubs are not  qualified for TPO protection.

How are TPOs initiated?

TPOs may be proposed in several ways:

• A request submitted to the Council’s Tree Officer
• As part of assessing a planning application
• When the Council becomes aware of a potential threat to a tree or woodland

Are trees in a Conservation Area protected?

Yes. Trees in conservation areas are automatically protected as though a TPO is already in place.

Anyone wishing to carry out tree works in a conservation area must apply to the Council.

The Council will respond within six weeks. No work can begin until permission is gave or the six-week period has passed.

If the Council believes the works should not go ahead, a formal TPO will be put in place.

In exceptional cases involving imminent danger, an applicant may proceed at their own risk but must give evidence (e.g., photographs, an arboriculturist’s report).

TPOs and Conservation Areas in Newry, Mourne and Down

Details of all TPOs and conservation areas in the district can be viewed using the Council’s TPO and Conservation Area Viewer.

Trees Protected through Planning Conditions

Sometimes, planning permission includes a condition requiring certain existing trees to be kept, even if they are not covered by a TPO or located in a conservation area. In these cases, Council consent may still be needed before carrying out any works or removing the tree(s).

Can I carry out works to protected trees?

Anyone wishing to request a TPO or carry out work on protected trees must first apply for consent through the Planning Portal NI.

Dead or dying trees

If a protected tree is dead, dying, dangerous, or poses imminent risk, the landowner must tell the Council immediately and give evidence such as:

• An arboriculturist’s report
• Photographs
• Other supporting information

Landowners will be required to replant a replacement tree of suitable size and species in the same location as soon as reasonably possible.

Dead or dying trees may still support wildlife protected under the Wildlife (Northern Ireland) Order 1985. Hollows and crevices can give habitats for species that need extra protection.

If protected plants or wildlife may be affected, the landowner should first contact DAERA.

Guide to TPOs

For more information about TPOs, visit: Tree Preservation Orders A Guide to Protected Trees

Contact us

Council: 0330 137 4036
Email: ldp@nmandd.org.uk