What a Tree Preservation Order Actually Covers

A Tree Preservation Order, usually shortened to TPO, is a legal designation made by your local planning authority under the Town and Country Planning Act 1990. It protects a tree, a group of trees, an area or a woodland from cutting down, topping, lopping, uprooting, wilful damage and wilful destruction. The designation attaches to the land rather than the owner, so a TPO follows the tree through changes of ownership.

Orders are usually made because a tree has public amenity value — it is visible from a road, footpath or other public place and adds something to the local scene. Age, size and species matter less than you might expect. A modest mature rowan on a suburban verge can be protected, and so can a much-loved oak in your own back garden.

Conservation areas work differently but just as seriously. If a tree stands in a conservation area and has a trunk diameter over 75 millimetres measured at 1.5 metres from the ground, you must give the authority six weeks' written notice before carrying out most work. That notice period gives the tree officer time to decide whether a TPO should be made.

How to Check What's Protected Where You Live

Before you sharpen a saw or brief a contractor, establish the facts. Most local authority websites carry an interactive map showing TPO areas, and many will send you a copy of the order schedule on request. A short email to the tree team, with a photograph and a clear description of the tree's location, usually gets a straight answer within a few working days.

• Check the online mapping layer for TPOs and conservation areas covering your postcode.
• Ask the tree officer for the order reference and which trees it lists — group orders can be surprisingly specific.
• Look at your deeds, solicitor's report or local land charges search if you have recently moved in.
• Speak to neighbours, the parish council or a residents' association; local knowledge often fills the gaps.
• Save screenshots, emails and reference numbers in case questions arise later.

If the answer remains unclear, assume the tree is protected until you know otherwise. The consequences of guessing wrongly are far more expensive than a fortnight's patience.

What You Can and Cannot Do Without Consent

For a protected tree, you need formal consent from the planning authority for work that would otherwise be prohibited. This includes crown reduction, thinning, removal of major limbs, root severance that could damage the tree, and felling. Routine maintenance such as removing deadwood is still technically covered, so apply first.

Applications are made on the authority's standard form. Expect to supply a plan showing the tree's position, a clear description of the proposed work and your reasons for it. A written report from a suitably qualified arborist carries real weight, particularly when it explains the condition of the tree, the risk it presents or the reason the work is necessary for good management.

The authority has eight weeks to determine the application from the date it is validly received. If no decision arrives in that window, the application is treated as refused and you may appeal to the Planning Inspectorate. Never assume that silence means approval, and never start work while an application is pending.

Exemptions That Often Surprise People

Some work does not require consent, but the exemptions are narrower than folklore suggests.

• Dead, dying or dangerous trees: you may act, but you must give the authority at least five working days' written notice before the work begins, except in a genuine emergency.
• Statutory undertakers: gas, water, electricity and telecommunications operators have limited powers to carry out necessary work.
• Legal obligations: work required by another Act of Parliament, or to comply with a notice, falls outside the usual consent process.
• Fruit trees in commercial orchards are subject to separate rules, and felling licences may also apply.

The dangerous-tree exemption is the one most often stretched beyond breaking point. "It looked a bit dodgy" will not impress an enforcement officer. If you rely on this route, get a written assessment from a qualified arboriculturist before the chainsaw comes out, and keep it on file.

Making an Application That Stands a Good Chance

Tree officers are not obstacles; they are usually tree lovers doing a difficult job with limited time. Help them say yes. Speak to them informally before submitting anything, and ask what evidence they would find persuasive. Reference the relevant British Standard for tree work so your contractor's specification is unambiguous, and where construction or excavation is nearby, refer to the standard for trees in relation to design, demolition and construction.

State your objective plainly: "To reduce the crown by 2 metres to clear the roof and reduce wind loading on a tree with included bark at the main fork." Vague requests to "tidy up" invite refusal or awkward conditions. If consent is granted with conditions, read them carefully — they often specify the standard of work, timing, and whether replacement planting is required.

Penalties, Replacements and Everyday Good Practice

Felling or damaging a protected tree without consent is a criminal offence. Magistrates' courts can impose fines of up to £20,000 per tree, and the Crown Court can impose an unlimited fine where a felling was carried out for commercial gain. The authority can also serve a tree replacement notice, requiring you to plant a suitable tree of an appropriate size in a specified spot — and you remain liable if that replacement fails.

Even where no TPO exists, thoughtfulness pays. Check boundary ownership before pruning anything that overhangs, and remember that you may only cut back to your boundary line without damaging the tree itself. Use a contractor with proven qualifications and insurance, and ask to see them. Keep a simple record of work: date, contractor, specification and photographs. Should a dispute, insurance claim or enforcement query ever arise, that file will be worth more than you can imagine.