Tree Preservation Orders
Managing a tree with a Tree Preservation Order
How do I find out if the owner of a Tree Preservation Order has permission to do work to it?
All applications and decisions are available online. You can check to see if the owner has permission using our online planning application system. We don't post planning notices for tree works, so checking the system is the best way to make sure.
Commenting or objecting about a Tree Preservation Order
Yes, you can. The process is similar to commenting on a planning application. See our commenting on planning applications page for more information and advice.
Who is responsible for maintaining a protected tree?
The owner of the tree is responsible for maintaining it. They are also liable for any damage or injury that the tree causes.
Managing a protected tree
Anyone can apply to do work to a protected tree - you don't have to have a legal interest in the land. For example, you could apply to have work done on a tree that's on a neighbour's property, although you should consult the owner before applying. You should also tell them as soon as you have submitted your application. Applications are free.
We can ask you about any legal interest you have in the trees you want to do work to. Our decision on any application will be based on the merits of the case, and in the public interest.
If we give consent, you will need to make sure that you get any necessary permission from the owner of the tree before doing any work.
How to make an application
For the application to be valid, you need to make it on the standard form published by the Secretary of State.
- Read the notes for completing the application form
- Apply to do work on a protected tree (via the Planning Portal website)
- Download the Tree Preservation Order application form
It is vitally important that your application sets out clearly the work you propose to do. If you simply want to fell a tree, this is straightforward, as long as the tree is clearly identified. If you are applying to prune a tree, then you need to clarify exactly what this will entail. Saying that you want to 'top it' or 'lop it' or 'cut back some branches' doesn't give enough detail. You need to describe the extent of the work. The guidance notes will help you with what to put.
It's not a good idea to submit your application until you have a clear proposal. You should consider discussing your ideas first with an arboriculturist, or getting pre-application advice from our tree officer.
Doing work to a tree without consent
There are only a few exceptions where you do not need our consent to do work to a protected tree.
Information about exceptions for doing work to protected trees is on the GOV.UK website.
If you do work where an exception does not apply, and you do not have consent, then you could be guilty of an offence. There are two main offences.
1. Anyone in contravention of a TPO who:
- cuts down, uproots, or wilfully destroys a tree
- tops, lops or wilfully damages a tree in a way that is likely to destroy it
is guilty of an offence, and is liable for a fine of up to £20,000. In serious cases, you may be committed to trial in the Crown Court. if you are convicted, your fine could be unlimited. The definition of destroy, is to have rendered it useless as an amenity or as something worth preserving. It does not have to be completely obliterated.
2. Anyone who contravenes the provisions of a TPO in any other way is also guilty of an offence. This could be, for example, lopping a tree, even if you don't destroy it. In this case, the penalty is a fine in the Magistrates Court of up to £2,500. The Magistrates Court can only deal with these types of offences if action is brought within 6 months of the time the offence is committed
In both cases, you will be issued with a Tree Replacement Notice, and you will have to plant replacement trees.
It is possible for separate action to be brought for each tree that is cut down or damaged in contravention of the TPO. If you want to claim that the work was done under one of the allowed exemptions, then you have to prove it. You also can't just say that you didn't know about the TPO.
What if your application is refused?
If we refuse your application, you can re-submit an amended application or you can appeal to the Secretary of State. You need to do this within 28 days of the decision.
Information about appealing your refusal is on the GOV.UK website.
Does a Tree Preservation Order stop the development of a site?
No it won't. But we will take into account trees on a development site when we are deciding whether to grant planning permission. Planning permission can grant consent to fell protected trees to allow a development to go ahead, but there are usually conditions associated with this.
Links to more information about Tree Preservation Orders
You can find more information about TPOs in the Town and Country Planning (Tree Preservation)(England) Regulations 2012.
The GOV.UK website have a page which explains the legislation covering Tree Preservation Orders in simpler terms.