The Council has the power to protect trees using Tree Preservation Orders (TPO's) and there are also special provisions protecting trees within conservation areas.
TPO's require that the Council's consent must be obtained for any work to a protected tree. There are certain limited exceptions to this, such as when a tree or parts of a tree, are dead, dying or dangerous.
You also do not need to obtain consent if a trees is directly in the way of development that is about to start for which detailed planning permission has been granted.
If you want to find out if a tree in Havering is protected by a tree preservation order or is located within a conservation area you can email us or phone 01708 432725. Please note that we cannot always give definite information over the phone. We may need further details or have to carry out a site visit to be sure of a tree's status.
If you would like the Council to consider making a tree the subject of a tree preservation order please write or email us, if the matter is urgent, please phone 01708 432725 with details of the tree, where it is located and why you consider a TPO is needed. Please note that, as a minimum, we need to be satisfied a tree has public amenity value and is at risk from uncontrolled works or removal in order for a TPO to be justified.
How to apply for permission to do works to a TPO'd tree
To apply for permission to carry out work to trees protected by a tree preservation order you must use the application form which is available as a download from the right hand side of this page. You can also apply online using the Planning Portal.
We cannot accept emails or letters detailing proposed work to TPO'd trees, the full application form must be used. This is in your interest as appeal decisions are now made solely on the basis of the information contained just in the application forms and the Council's decision letters. Please note that applications to carry out work to protected trees which are alleged to be involved in damage to buildings and other structures (including drains, paths and walls) need to be supported by site specific technical evidence.
For further information on this and tree preservation order procedures in general please read the Government's guide 'Tree Preservation Orders: A Guide to the Law and Good Practice - Addendum September 2009'and also 'Protected Trees - A Guide to tree preservation procedures'; both are available from the links on the right hand side of this page.
Applications for consent to carry out works to trees in Conservation Areas which are not also protected by a TPO do not need to be made using the standard application form referred to above. However detailed information will still be needed and the use of the standard form is encouraged.
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Dying, Dead or Dangerous trees (or parts of trees)
Except in an emergency, you should give the Council at least five days notice before cutting down a protected tree which is dying, dead or dangerous or if you intend to remove dead dying or dangerous timber from an otherwise healthy tree.
This is in your interest - you could be prosecuted if the Council considers you have carried out unauthorised work.
Please phone 01708 432725 if you have any concerns about the health or safety of a TPO'd tree and need advice or further information. You can also phone this number if you need advice about what the Council can do regarding dangerous trees on privately owned land.
If you are concerned about the safety of a tree on the highway you should phone Streetcare on 01708 432563 (during normal office hours); the Council's out of hours emergency number is 01708 433999.
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Trees in conservation areas
If you want to find out if a tree in Havering is located within a conservation area you can see details on our conservation area pages or you can email us or phone 01708 432725.
You must give the Council 6 weeks notice in writing if you want to carry out work on trees within a conservation area that are not protected by a tree preservation order ( TPO'd trees need separate permission - see above.) However you do not need permission if you want to cut down or work on a tree within a conservation area which has a trunk diameter of less than 7.5 cm (measured at 1.5 metres above the ground) or 10 cm if thinning to help the growth of other trees.
Applications for consent to carry out works to trees in conservation areas (which are not also protected by a TPO) do not need to be made using the standard application form referred to above. An email or letter will suffice, however detailed information will still be needed and the use of the standard form is encouraged.
You can download the application form by using the link on the right hand side of this page. You can also apply online using the Planning Portal.
Pruning a tree without giving the Council six weeks notice can lead to prosecution and a fine of up to £2,500. Destroying a tree without giving six weeks notice can lead to a fine of up to £20,000. The law applies to anyone carrying out work to trees, so even if you are not the owner of a tree, if you carry out the work you could still be prosecuted.
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Forestry Commission felling licences
Whether or not a tree preservation order is in force you must first apply to the Forestry Commission for a felling licence if you want to cut down trees containing more than five cubic metres of wood in any calendar quarter. There are exceptions to this rule which are set out in the Forestry Act 1967 and Regulations made under that Act. For example, you do not need a licence for felling trees in gardens.
If a licence is required and the trees are covered by a tree preservation order, the Forestry Commission will deal with your application in consultation with the local planning authority. Where the Commission proposes to grant a licence it will first give notice to the local planning authority. In such cases the planning authority has the right to object to the proposal and if it does so the application will be referred for decision to the First Secretary of State. Applicants should note that the Commission almost always requires felled areas to be restocked and does not normally grant licences to change woodland to agricultural use.
For more information on felling licences please view the 'related links' section to the right of this page.
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