Do fruit trees require a licence prior to works on them?

TPOs made prior to August 1999 do not include fruit trees. Since August 1999 (when the Regulations controlling TPOs were changed) fruit trees may be included in TPOs made after that date, but the Council’s consent is not required to prune a fruit tree if it is part of its normal cultivation.

A fruit tree is defined as a tree cultivated for the production of fruit, such as apples, pears, plums and cherries. Whilst a number of trees produce ‘fruit’ that may be eaten (such as walnuts, sweet chestnuts and mulberries), they are rarely cultivated specifically for the production of fruit and could be protected by a TPO. Ornamental crab apple, cherry and pear trees are also included in some pre-1999 TPOs. Any such tree species not traditionally cultivated specifically or ornamental varieties of them protected by a TPO would require consent before any proposed works takes place.

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