Felling Licences, Planning Conditions and Private Covenants

How do I get a TPO placed on a tree?

Tree Preservation Orders can only be served on trees which have been assessed as having significant value to the community, and where there is a possible threat to the tree.

If you wish to request the Council consider serving a Tree Preservation Order, please email devcon@middevon.gov.uk or write to us at Phoenix House, Phoenix Lane, Tiverton, EX16 6PP.

When requesting TPO it is beneficial to provide a location of the tree, photographs and why the tree needs protection. 

Felling Licences for a tree or trees more than five cubic metres

A single large tree could be in excess of five cubic metres. 

Anyone planning to fell or remove more than five cubic metres of timber within hedges, woods or copses will need to seek guidance from The Forestry Commission to check if they need to apply for a Felling Licence. 

Government guidance on Tree Felling Licence is available here. - when you need to apply

Trees Subject to a Planning Condition

If you have received planning consent for works or alterations to your property or your property has been built in the last 10 years, the trees on or within your boundary may be subject to planning conditions. 

You may require agreement from the local planning authority before carrying out any works to specified trees. Planning conditions can be found on the decision notices  of the associated planning applications which are viewable via our online Planning Service Public Access

Private Covenants on Trees

Some trees on private property are subject to restrictive covenants preventing their removal.  The Council does not hold property ownership records or any information on restrictive covenants.  The Council does not have the power to enforce restrictive covenants.

If your property is registered land, restrictive covenants will appear in The Charges Register (Section C) of the Official Copies of the Title Register. This document is available from The Land Registry.  If your property is currently unregistered, these covenants would be detailed in your Property Deeds. 

If you do not have access to your property deeds (e.g. if your property is subject to a mortgage), you will need to contact a solicitor or your mortgage lender to request copies.