What a Tree Preservation Order (TPO) is

When the modern planning system was established under the Town and Country Planning Act 1947, Local Planning Authorities (LPAs) were given the power to make a Tree Preservation Order (frequently referred to as a TPO) if it was "expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area of jurisdiction."

The act does not define 'amenity', nor does it set out the circumstances in which it is in the interests of amenity to make a TPO.

What the purpose of a Tree Preservation Order is

To protect trees which make a significant impact on their local surroundings and make it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the planning authority's permission. This is particularly important where trees are in immediate danger.

Types of trees that can be covered by a Tree Preservation Order

All types and species, including hedgerow trees, but not hedges, bushes or shrubs. The Tree Preservation Order can cover anything from a single tree to groups of trees and woodlands.

Although the Town and Country Planning Act does not define the term 'tree', for the purposes of the legislation the High Court has held that "a tree is anything which ordinarily one would call a tree."

How to find out if a tree is covered by a Tree Preservation Order

Contact the Tree Section. Details of Tree Preservation Orders are available for inspection at the council's planning office.

• Trees contacts

An official search of the local land charges register can also be made before you purchase a property, which should reveal the existence of a Tree Preservation Order (or whether your property is in a Conservation Area). Make sure your solicitor tells you if any trees are protected.

• Local land charges

How to find out if the owner has permission to carry out work on a protected tree

• The obvious thing to do is politely ask the land owner or contractor carrying out the work. If council consent has been granted, they will have written evidence of this.
• If this is not an option, then you can find out if the tree is covered by a Tree Preservation Order. Contact the Tree Section. Details of Tree Preservation Orders are available for inspection at the council's planning office.
  • Trees contacts
• If you believe that the tree works were unauthorised you may initiate an investigation by council officers by completing a complaints form or by telephone.
  • Suspected illegal tree work/damage complaint form
• If the works are ongoing, you should telephone the Tree Section and report it as a matter of urgency - an officer may be able to attend quickly enough to prevent further work taking place.
  • Trees contacts

What you can do if there are trees which you think should be protected

• Simply contact us, giving your name and address, the location of the trees (a sketch map showing the position of the trees, including named roads and building numbers is also useful) and the reasons why you think they should be protected.
  • Trees contacts
• If the Forestry Commission has given aid under a forestry grant scheme, a Tree Preservation Order can only be made with the commission's permission.
• Before a Tree Preservation Order can be made for trees on Crown Land, we must seek permission from the relevant authority. Crown Land includes land belonging to government departments or land held for the Queen by a government department.

How you will know when we make a Tree Preservation Order

We will write to the owner and other interested parties, enclosing a copy of the Tree Preservation Order.

When a Tree Preservation Order comes into effect immediately

We can choose to make an Emergency Order which will come into effect immediately and will continue for six months, or until it is confirmed, whichever comes first. When we confirm the order we can modify it, for example by excluding some of the trees.

What confirmation is

• A Tree Preservation Order is normally made without recourse to the land owner. This is because the order does not become valid until it is received by the owner. An unscrupulous person having prior knowledge that a Tree Preservation Order is about to be served would legally be within his or her rights to fell the trees before taking receipt of the order.
• So, to enable a tree owner to make representations to the council, there is a 28 day period after the order is served during which objections may be registered and a further 5 months (6 months in all) during which discussions may take place between the council and the tree owner to agree any amendments.
• Confirmation of the order takes place automatically after 28 days if no objections are made, or within the 6 month period.
• After confirmation, no further alterations to the order are possible.

How you can object to or express support for a Tree Preservation Order

To express support

• Contact us within 28 days saying why and giving details of the relevant trees.
  • Trees contacts
• We will take these comments into account when it decides whether to confirm the order.

To object

• Submit an objection within 28 days of the date you receive it.
  • Trees contacts
• Your objection will be considered and efforts made to negotiate a solution.
• Should negotiations be unsuccessful, the objection will be placed before the appropriate planning sub-committee, and elected members will decide the matter in public forum. They may overturn the Tree Preservation Order, request that it be modified in some way or confirm it as served.
  • Planning sub-committees

Who is responsible for looking after trees subject to a Tree Preservation Order

The owner remains responsible for the trees, their condition and any damage they may cause - but the council's permission is required before carrying out work on them, unless they are dying, dead or dangerous. There are some exceptions:

• When you don't need permission to work on a protected tree

Carrying out work on trees covered by a Tree Preservation Order

You must seek permission, specifying the trees, what you want to do and why. More information:

• Applying to carry out works to trees subject to a Tree Preservation Order (TPO)

When you don't need permission to work on a protected tree

You must have permission, except for:

• cutting down trees in accordance with one of the Forestry Commission's grant schemes, or where the commission has granted a felling licence.
  • When you need a Forestry Commission felling licence to cut down trees covered by a Tree Preservation Order
• felling or pruning a tree which is dying, dead, dangerous.
  • If you think a tree with a Tree Preservation Order is dead, dying or dangerous
  • Dangerous trees
• at the request of certain organisations specified in the order.
• felling or pruning a tree which is directly in the way of development that is about to start for which detailed planning permission has been granted.
• trees in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice.
• felling or pruning trees to prevent or control a legal nuisance (you may find it helpful to check first with a solicitor).

If you are in any doubt, contact us.

• Trees contacts

When you will have to plant a replacement tree

You will have to replant:

• if you cut down or destroy a protected tree.
• if you have felled a tree in breach of a Tree Preservation Order, or because the tree was dying, dead or dangerous.
• if the council gives you permission to cut down a protected tree but makes replanting a condition of its consent.
• in most cases where the Forestry Commission grants a felling licence.

The council has legal powers to ensure that you plant a replacement tree when required.

What happens if you carry out work on a protected tree without permission

• If you cut down, uproot or wilfully destroy a tree, or wilfully damage (including cutting roots), top or lop a tree in a manner likely to destroy it, you could be fined up to £20,000 for each offence.
• In determining the amount of the fine, the court will take account of the actual, or likely, financial benefit arising from the offence.
• For other offences you could be fined up to £2,500.
• You will normally have to plant a replacement tree if the tree was removed or destroyed.

If you think a tree with a Tree Preservation Order is dead, dying or dangerous

In law you do not need the council's permission to cut down a tree which is dead, dying or dangerous. However, determining whether a tree falls into one of these categories is far from straightforward.

• Dangerous trees

You can take advice from a qualified person.

• Tree surgeons and consultants

If you are proposing to fell a tree under this exemption, you are strongly advised to give us five days notice before carrying out the work, except in an absolute emergency.

• Applying to carry out works to trees subject to a Tree Preservation Order (TPO)
• Trees contacts

If work is carried out under this exemption, the burden of proof falls upon the owner of the tree to demonstrate that the tree was dead, dying or dangerous and, if the matter went to law, to prove this in court. Such proof may take the form of photographs, written statements by a professional person, retained sections of timber or dead branchwood.

It is important to bear in mind that a dead tree is not necessarily a hazardous tree, and may provide important habitat for flora and fauna, some of which may be protected under the Wildlife and Countryside Act 1981. Trees with hollows and crevices may, for example, provide roosting sites for many bat species covered by this act. In large gardens or woodlands it may be possible to retain such trees for their habitat value, where necessary reducing their height and branch spread.

If a tree is felled under this exemption there will normally be a requirement to plant a replacement tree as near to the original tree as possible.

If your application to carry out work on a protected tree is refused, or you object to the conditions imposed by the council

• Appealing against the decision or its conditions

Claiming compensation if your application to carry out work on protected trees or woodland is refused, or if conditions are imposed

If consent is refused, or granted with conditions

You can seek compensation from the council for any loss or damage which results. However you cannot make a claim where, under the terms of the Tree Preservation Order, the council has issued a certificate saying either:

• that the refusal or condition is in the interests of good forestry, or
• that the trees or woodland have an outstanding or special amenity value.

The council are not able to issue these certificates under Tree Preservation Orders made after 2 August 1999. They can issue them under orders made before that date.

You can appeal to the Secretary of State against such a certificate.

Where a felling licence application has been refused by the Forestry Commission

You may get compensation from the commission under the relevant forestry legislation.

• When you need a Forestry Commission felling licence to cut down trees covered by a Tree Preservation Order

Replanting of woodland

You can seek compensation from the council where, on giving permission to cut down protected woodland, it has required replacement planting. But this compensation is only available if the Forestry Commission will not give a grant for the replanting on the grounds that it would not be in accordance with good forestry practice.

To claim

Contact us within 12 months of our decision (or the decision of the Secretary of State if you appealed):

• Trees contacts

When you need a Forestry Commission felling licence to cut down trees covered by a Tree Preservation Order

Whether or not a Tree Preservation Order is in force, you must first apply to the Forestry Commission for a felling licence if you want to cut down trees containing more than five cubic metres of wood - as long as no more than two cubic metres of any exempt amount are sold - in any calendar quarter.

• Forestry Commission: Tree Felling - Getting Permission

There are exceptions to this rule which are set out in the Forestry Act 1967 and Regulations made under that Act. For example, you do not need a licence for felling trees in gardens.

If a licence is required and the trees are covered by a Tree Preservation Order:

• The Forestry Commission will deal with your application in consultation with the council.
• Where the commission proposes to grant a licence it will first give notice to the council.
• In such cases the council has the right to object to the proposal and if it does so the application will be referred for decision to the Secretary of State.

Applicants should note that the commission almost always requires felled trees to be restocked and does not normally grant licences to change woodland to agricultural use.

If you don't need the council's or Forestry Commission's permission, do you still have to inform them of work you intend to carry out

Except in an emergency you are advised to give the council at least five days' notice before you cut down a protected tree which is dying, dead or dangerous. This is in your interests - you could be prosecuted if the authority thinks you have carried out unauthorised work. It could also decide that you do not have to plant a replacement tree. You must remember, however, that you will remain responsible for your trees and any damage they may cause.

Further information

• Town and Country Planning Act 1990 - Part 8, Chapter 1: Trees
• The Planning and Compensation Act 1991 - Section 23: Trees
• Forestry Act 1967 (as amended)
• Planning Portal: Tree Preservation and Replacement Appeals
  Includes links to The Town and Country Planning (Trees) Regulations 1999 and its 2008 amendment, guidance and an appeal form.
• Forestry Commission: Tree Felling - Getting Permission

Trees contacts

Tree Preservation Orders (TPOs), trees in conservation areas and tree work applications

Report trees causing an obstruction on pavements and footpaths, or obscuring street lighting

• Report Overhanging vegetation and/or weeds

Find out who owns trees

• Land ownership

Trees owned by the council