Tree Preservation Orders (TPOs)

On this page:

Why protect trees?
Carrying out works to protected trees

Why protect trees?

Trees are worthy of preservation:

for their natural beauty
for their contribution to the landscape or
because they provide a screen.

Tree preservation orders (TPOs) may be made if it is felt that:

trees are at risk generally from development or
are at risk for other reasons.

All types of trees, including hedgerow trees can be covered but not hedges, bushes or shrubs.

How do I find out if a tree is covered by an order?

How do we decide if a TPO is needed?

There are three main sets of circumstances under which orders are made:

Trees in conservation areas

When we are notified of works to be carried out on or to fell trees in a conservation area. We decide if a TPO is needed to protect the tree or trees.

Trees on development sites

When a planning application is received, we consider making a TPO if important trees may be affected.

Trees under threat for reasons other than development

There are various ways in which we find out about threats to trees:

Owners of trees who want to fell or carry out works on them may contact us.
Neighbours with concerns about particular trees may contact us.

How is a TPO made?

TPOs are made and confirmed by our officers under delegated powers. An order can take effect immediately. This means we can protect trees which may be under threat.

Once an order has been made, we will write to anyone who has an interest.

Can I make a comment?

Yes. Comments must be made within 28 days of being notified. These comments will be taken into account when we decide whether to confirm the order.

What happens once a tree is protected?

Once a tree has TPO status it is protected. Permission will be needed from us to do work to the tree. This includes:

any pruning (including root pruning) and
felling.

It is an offence to do works to a protected tree without this permission.

Carrying out works to protected trees

Are there any works that can be done without permission?

Yes. You can carry out some works to a protected tree without permission as follows:

Where the tree is dead, dying or dangerous. This includes the removal of dead wood or dangerous branches from an otherwise sound tree.
Where works are in compliance with obligations imposed by an Act of Parliament.
For works by statutory undertakers, for example Railtrack on their own land.
For works on fruit trees in line with horticultural practice.
For works to stop or prevent a legal nuisance.
For works to enable a development to take place in line with a planning permission.

How do I apply to do works to protected trees?

Use the application form for tree works.

Talk to an arboriculturist or tree surgeon about what you want to do first. This will help you to send us a clear proposal of works.

Dead, dying or dangerous trees

Except in an emergency you must give us at least five days notice before you cut down a protected tree. You could be prosecuted if we think you have carried out unauthorised works.

If you remove a tree because it is dead, dying or dangerous you may be asked to plant another tree that is:

of an appropriate size and species and
in the same place as the tree felled.

This should be done as soon as it is possible. The new tree will have the same legal protection as the tree it replaced.

What happens if I cut down protected trees without permission?

You could be prosecuted. If convicted, you may be fined up to £20,000 in the Magistrates Court for each tree.

You would also need to replace any tree removed without permission.