Tree Preservation Orders (TPOs): What Homeowners Need to Know

What Tree Preservation Orders are, how to check if trees on your property are protected, and what you can and cannot do without council permission.

If a tree on or near your property is protected by a Tree Preservation Order (TPO), cutting it down, pruning it, or even allowing it to be damaged can result in significant fines. Understanding TPOs is essential for homeowners, particularly if you are planning building work, landscaping, or simply maintaining your garden.

What Is a Tree Preservation Order?

A TPO is a legal order made by a local planning authority to protect specific trees or groups of trees. It makes it a criminal offence to cut down, uproot, top, lop, wilfully damage, or wilfully destroy a protected tree without the council's written consent.

TPOs can protect:

• Individual trees - a specific named tree
• Groups of trees - a cluster that works as a visual or ecological unit
• Areas of trees - all trees within a defined boundary (including future trees that grow within the area)
• Woodlands - all trees within a woodland, with special provisions for management

Why Are TPOs Made?

Councils make TPOs to protect trees that contribute to the amenity of an area - meaning they are valued by the local community for their visual, environmental, or historic significance. Common triggers include:

• A planning application is submitted that might threaten a tree
• A resident or councillor reports that a tree is at risk
• A survey identifies significant trees that should be protected
• Trees in a conservation area are at risk (trees in conservation areas have automatic protection - see below)

Trees in Conservation Areas

If your property is in a conservation area, ALL trees with a trunk diameter of 75mm or more (measured at 1.5m from ground level) are automatically protected, even if they do not have a specific TPO.

Before carrying out any work on a tree in a conservation area, you must give 6 weeks' written notice to the council. This gives the council time to decide whether to make a TPO. If they do not respond within 6 weeks, you can proceed with the work.

How to Check If a Tree Has a TPO

1. Contact your council's tree officer - the quickest way to get a definitive answer. Most councils have a dedicated tree officer or arboricultural officer
2. Check online - many councils publish TPO maps on their website, often as part of their planning constraints mapping
3. Property searches - if you are buying a property, the local authority search will reveal any TPOs
4. Planning applications - TPOs are flagged in the constraints section of planning application records

What Work Requires Consent?

If a tree is protected by a TPO, you need the council's written consent before:

• Felling - cutting the tree down entirely
• Topping - cutting the top of the main trunk
• Lopping - cutting branches
• Uprooting - removing the tree and its root system
• Wilful damage - any deliberate action that harms the tree (including root severance, compaction, and chemical application)
• Wilful destruction - any deliberate action intended to kill the tree

What Work Is Exempt?

Certain work is permitted without consent:

• Dead trees - you can remove a dead tree without consent (but notify the council first, as they may dispute whether it is dead and may require a replacement)
• Dangerous trees - work necessary to remove an immediate risk to persons or property. You should notify the council as soon as possible and only do the minimum work necessary to make the tree safe
• Trees causing a legal nuisance - in limited circumstances, but legal advice is recommended before acting
• Fruit picking - harvesting fruit from a protected tree is not an offence
• Work by statutory undertakers - utility companies have certain rights to manage trees near their infrastructure

Important: the exemptions for dead and dangerous trees are narrowly defined. If in doubt, contact the council before doing any work.

How to Apply for Consent

1. Submit an application to your local council's planning department. There is no fee for TPO consent applications
2. Describe the work - specify exactly what you want to do (e.g. "reduce crown by 2 metres", "remove lowest branch", "fell and replace with native species")
3. Provide justification - explain why the work is necessary (e.g. the tree is shading the house excessively, roots are damaging foundations, the tree is in poor health)
4. Include a tree report - for significant work, a report from a qualified arboricologist (tree surgeon) strengthens your application
5. Wait for the decision - the council should decide within 8 weeks. They may approve the work, approve with conditions (e.g. requiring a replacement tree), or refuse

If consent is refused, you can appeal to the Planning Inspectorate.

Penalties for Unauthorised Work

The penalties for contravening a TPO are severe:

• Felling a protected tree without consent: an unlimited fine in the Crown Court (in the magistrates' court, up to £20,000)
• Other unauthorised work (topping, lopping, damage): fines of up to £2,500
• Replacement duty: if you fell a protected tree (with or without consent), you are generally required to plant a replacement tree of appropriate size and species

These penalties apply to the landowner, even if the work was carried out by a contractor. You cannot avoid liability by claiming the tree surgeon did not tell you about the TPO.

TPOs and Building Work

If you are planning an extension, outbuilding, or other building work near a protected tree, you need to consider:

• Root Protection Area (RPA) - a zone around the tree where construction activity (excavation, foundations, heavy machinery) can damage roots. The RPA is typically calculated as 12 times the trunk diameter
• Crown spread - building within the crown spread may require branch removal, which needs consent
• Foundation design - foundations near large trees need to account for root activity and seasonal ground movement (heave and subsidence)
• Arboricultural Impact Assessment - your planning application may need to include a tree survey and impact assessment showing how the development will protect the tree during and after construction

An experienced architect will commission a tree survey early in the design process to ensure the building design respects protected trees.

Subsidence and TPO Trees

If a TPO tree is causing subsidence damage to your property, you have a stronger case for pruning or removal. However, you still need to:

1. Obtain evidence from a structural engineer confirming the tree is causing damage
2. Apply for consent with the supporting evidence
3. Consider root barriers or other alternatives to felling

Insurance companies sometimes push for tree removal as the cheapest solution, but the council may prefer less drastic alternatives such as crown reduction or root barriers.

Tips for Homeowners

1. Check before you cut - always check for TPOs and conservation area status before any tree work
2. Use qualified tree surgeons - reputable arborists will check for TPOs before starting work
3. Keep the council informed - early dialogue with the tree officer can help you find an acceptable solution
4. Document everything - photograph trees before and after any consented work
5. Think about new trees - if you plant a tree in an area covered by an area TPO, it will automatically be protected

Tree Preservation Orders exist to protect trees that make our neighbourhoods attractive and ecologically rich. While they can feel restrictive, the consent process is straightforward and free - and most reasonable requests for tree management work are approved. The key is to check, apply, and wait for consent before reaching for the chainsaw.