Are fruit trees protected?
Tree Preservation Orders made prior to August 1999 cannot 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 as 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 would be protected by a TPO. Ornamental crab apple trees, cherry and pear trees are also included.
