Plenty of homeowners only discover that a tree is protected after a neighbour has phoned the council. By then, an innocent bit of pruning can have turned into an investigation. The rules are not complicated once you know where to look, and a few minutes of checking can save a great deal of stress.
This guide focuses on England. Scotland, Wales and Northern Ireland have their own systems which work in a broadly similar way but differ in the detail, so always confirm with your own local authority.
What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is a legal order made by a local planning authority to protect specific trees, groups of trees or woodlands that are considered to have public amenity value. The tree does not need to be ancient or rare; a healthy street-facing sycamore can be protected because of its contribution to the look and character of an area.
A TPO can cover a single tree, a group, a whole woodland or an “area” of land. It protects the trees, not the land, and it stays in place when a property is sold.
What you cannot do without consent
In general, you need written consent from the local planning authority before you:
- cut down or uproot a protected tree;
- top or lop it (including routine crown reduction or crown lifting);
- wilfully damage or destroy it, which can include harm to the roots.
Applications are usually free and are made on a standard form, ideally with a clear description of the work and the reason for it. Councils typically aim to decide within around eight weeks.
Conservation areas: the six-week notice
Trees in a conservation area that are not covered by a TPO still have a layer of protection. If you intend to carry out work on such a tree, you normally need to give the council six weeks’ written notice first. This applies to trees above a modest trunk size, measured at around 1.5 metres above ground. The notice gives the authority time to decide whether the tree deserves a TPO of its own.
If the council does not respond within the six weeks, you can usually go ahead with the work you described, but only that work, and within a limited period.
Exceptions you should know about
The legislation includes some exemptions, though they are narrower than many people assume. For example, there are provisions for trees that are dead or present an immediate risk of serious harm, and for work needed to carry out a full planning permission. Even where an exemption seems to apply, councils generally expect advance notice wherever possible, and the burden of proving that the exemption applied falls on whoever did the work. Keep photographs and any professional reports.
Fruit trees, overhanging branches and hedges can also raise questions. Your common-law right to cut back branches overhanging your boundary does not override a TPO.
How to check whether a tree is protected
- Look on your council’s website. Many publish an interactive map of TPOs and conservation area boundaries.
- Contact the tree officer. Most local planning authorities have one, and they are usually happy to confirm the position by email.
- Check your property search. TPOs normally appear in local authority searches carried out during conveyancing.
What happens if you get it wrong?
Carrying out unauthorised work on a protected tree is a criminal offence. Destroying a protected tree can lead to substantial fines in the courts, and there is often a duty to plant a replacement. Contractors can be prosecuted as well as homeowners, which is why reputable tree surgeons will usually check the status of a tree before starting work.
If in doubt, ask first. A short email to the tree officer costs nothing; a prosecution can cost a great deal.
Practical tips for a smooth application
- Be specific: “reduce the crown by 2 metres” is clearer than “cut back”.
- Explain the reason, such as light to a window, clearance from a roof or removal of deadwood.
- Include photographs and a simple sketch showing the tree’s position.
- Attach any arborist’s report if the tree has a defect or disease.