What are Tree Preservation Orders?
Tree Preservation Orders (TPOs) are orders made by local planning authorities to protect specific trees, groups of trees, or woodlands that have significant amenity value in the local environment. TPOs make it an offense to cut down, top, lop, uproot, willfully damage, or willfully destroy protected trees without the authority's permission.
Protected trees contribute significantly to local character and environmental quality
TPOs were introduced in the Town and Country Planning Act 1947 and are now regulated under the Town and Country Planning (Tree Preservation) (England) Regulations 2012. They play a vital role in preserving trees that provide significant public amenity benefit, contributing to the character of landscapes and providing important environmental benefits.
TPOs are typically applied to trees that have significant public visibility and amenity value. Trees in private gardens can be protected if they contribute to the wider public visual amenity, such as being visible from a road or public space.
Types of Tree Preservation Orders
TPOs can be applied to trees in several different ways:
Individual Tree Orders
Protection for a single, specifically identified tree. The order will include a reference number and location details to identify the exact tree that is protected.
Group Orders
Protection for a specific group of trees that are identified as a collective unit. The trees may be of the same species or mixed species, but they are protected due to their collective amenity value.
Area Orders
Protection for all trees within a defined area, regardless of species or age. This includes trees that were present when the order was made and may include newly planted or self-seeded trees that have grown since.
Woodland Orders
Protection for the woodland as a whole, not just individual trees. This includes trees that were present when the order was made plus trees that have since been planted or naturally regenerated.
How TPOs Are Made
Local planning authorities can make TPOs if they believe trees have significant amenity value and are at risk. The process typically involves:
- Assessment: The local authority evaluates the tree's amenity value, considering factors like visibility, individual impact, wider impact, and other factors (rarity, cultural value, etc.)
- Provisional order: If warranted, the authority makes a TPO which takes immediate effect
- Notification: The authority must notify the landowner and others with an interest in the land
- Consultation: There is typically a 28-day period during which people can object or make representations
- Confirmation: The authority decides whether to confirm the TPO (with or without modifications) within 6 months, or it will lapse
Once confirmed, a TPO remains in force indefinitely unless it is revoked by the local authority or the protected trees die, are removed with permission, or become dangerous.
Legal Protection and Penalties
TPOs provide strong legal protection for trees. It is a criminal offense to:
- Cut down or fell a protected tree
- Top, lop, or otherwise prune a protected tree in a way that is likely to destroy it
- Uproot a protected tree
- Willfully damage a protected tree
- Willfully destroy a protected tree
- Cause or permit such actions to be carried out
The penalties for breaching a TPO can be severe. The current maximum fine for destroying a protected tree is unlimited in the Crown Court, or up to £30,000 in the Magistrates' Court. For other TPO offenses, the maximum fine is £2,500. Additionally, there is a legal duty to replace a tree that has been removed in contravention of a TPO.
Importantly, liability for TPO breaches is "strict" - meaning that it is not necessary to prove that the person knew the tree was protected. Simply undertaking or causing the prohibited work is enough to commit an offense.
Exceptions and Exemptions
There are certain circumstances where work on protected trees can be carried out without permission:
- Dead or dangerous trees: You can remove a dead tree or carry out work on a tree that presents an immediate risk of serious harm without prior notice. However, you should give the local authority 5 days' notice before removing a dead tree, and you may need to prove that the tree was dangerous if this exemption is claimed.
- Statutory obligations: Work carried out to comply with an Act of Parliament, such as highways legislation.
- Preventing or abating a nuisance: This applies where there is a legal duty to act, but it does not cover situations like leaf fall, shade, or minor property damage.
- Implementing planning permission: If planning permission specifically allows for the removal or work on a protected tree.
- Fruit trees: Work on fruit trees cultivated for commercial fruit production.
- Small diameter stems: The removal of stems less than 75mm in diameter measured at 1.5m from ground level (or 100mm for thinning to help the growth of other trees).
If you need to take urgent action on a dangerous tree, it's advisable to gather evidence first (such as photographs and professional arboricultural advice) to demonstrate the danger if questioned later. Where possible, contact the local authority before taking action, even in an emergency.
Applying for Consent to Work on Protected Trees
If your tree is protected by a TPO and doesn't fall under any exemptions, you'll need to apply for consent from your local planning authority before undertaking any work. Here's how to do this:
Application Process
- Check the TPO details: Confirm which trees are protected and under what type of order.
- Complete an application form: These are available from your local planning authority or can often be submitted online through the Planning Portal.
- Provide details of the proposed work: Be specific about what work you want to do and why.
- Include a plan identifying the tree(s): A clear site plan showing the location of the trees.
- Arboricultural report: For more complex cases, you may need to provide a report from a qualified arboriculturist.
- Submit the application: There is no fee for TPO applications.
The local authority should decide within 8 weeks, though this can be extended by agreement. If they do not decide within this timeframe, you can appeal to the Planning Inspectorate for non-determination.
Types of Tree Work
Common types of tree work that may be permitted include:
| Type of Work | Description | Likelihood of Approval |
|---|---|---|
| Crown thinning | Selective removal of branches to reduce crown density | Often approved if moderate (e.g., 10-30%) |
| Crown lifting | Removal of lower branches to increase clearance from ground | Usually approved for reasonable heights |
| Crown reduction | Reducing the overall size of the crown | May be approved if moderate and well-justified |
| Deadwood removal | Removing dead branches | Exempt from permission requirement |
| Felling | Complete removal of the tree | Only approved if strong justification (e.g., disease, structural damage) |
Reasons for Approval or Refusal
Local authorities will consider various factors when deciding whether to grant consent:
Reasons that may support approval:
- The health and condition of the tree
- Reasonable management of the tree
- Prevention of damage to property (if substantiated by evidence)
- Implementing an approved development
- Thinning to benefit the development of neighboring trees
Reasons that often lead to refusal:
- Excessive or unnecessary pruning
- Minor or seasonal nuisances (e.g., leaf fall, fruit drop)
- Concerns about tree size that isn't causing actual problems
- Shade cast over gardens or solar panels (unless extreme)
- Television reception interference
- Alleged subsidence without supporting evidence
For significant tree work, it's advisable to engage a qualified arboriculturist who can assess the tree, recommend appropriate work, and help prepare an application that is more likely to be approved. They can also ensure the work is carried out to British Standard 3998 (Tree Work - Recommendations).
TPOs and Development
TPOs can significantly affect development proposals and need to be considered early in the planning process:
Impact on Development Potential
Protected trees can constrain development in several ways:
- They may reduce the area available for building
- Their root protection areas (RPAs) must be respected, limiting where foundations, services, and hard surfaces can be located
- Construction methods may need to be adapted to avoid damage to trees
- They may limit access to sites during construction
- They may affect light availability to new buildings
Root Protection Areas
Root Protection Areas (RPAs) are a key consideration for development near protected trees. The RPA is calculated as an area equivalent to a circle with a radius 12 times the stem diameter for a single-stemmed tree. For multi-stemmed trees, more complex calculations are used.
Root Protection Areas must be carefully considered when planning development near protected trees
Development should generally be kept outside RPAs. Where this isn't possible, special construction methods may be required, such as:
- Pile and beam foundations that bridge over roots
- Hand-dug foundations in sensitive areas
- No-dig construction for driveways and paths
- Careful routing of services
- Specialized drainage solutions
Arboricultural Impact Assessments
For development proposals affecting protected trees, an Arboricultural Impact Assessment (AIA) will typically be required as part of the planning application. This should include:
- Tree survey in accordance with BS5837:2012
- Evaluation of the impact of the proposed development on trees
- Tree protection measures during construction
- Arboricultural Method Statement for works near trees
- Post-development management recommendations
If planning permission is granted for a development that would involve works to TPO trees, you generally don't need separate TPO consent for those specific works that were clearly identified in the approved plans. However, any additional tree work not covered by the planning permission will still require TPO consent.
Case Studies
Case Study 1: Development with Protected Trees
Project: Construction of a new house on a plot with three protected oak trees
Challenge: Building a substantial house while preserving all protected trees
Solution: The building footprint was carefully positioned to avoid RPAs where possible. Where minor incursions were unavoidable, a specialized pile and beam foundation was designed to bridge over tree roots without damage. An Arboricultural Method Statement detailed construction techniques and protection measures. Permeable paving was used for the driveway to maintain water permeability to roots.
Outcome: Planning permission granted with conditions requiring arboricultural supervision during key construction phases. All trees successfully retained.
Case Study 2: TPO Tree Management
Project: Managing a mature protected beech tree affecting a residential property
Challenge: The tree was causing excessive shading and minor structural damage to a garden wall
Solution: An arboricultural consultant assessed the tree and recommended a sensitive crown reduction and thinning program. A detailed application was submitted with photographs, arboricultural report, and specific pruning specifications. The proposal demonstrated how the work would maintain the tree's health and amenity value while addressing legitimate concerns.
Outcome: Consent granted for a 15% crown reduction and 20% crown thinning, improving light levels while preserving the tree's character and contribution to the local landscape.
Case Study 3: Unauthorized Tree Work
Incident: Homeowner severely pruned a protected sycamore tree without consent
Situation: The tree was reduced by approximately 50% in height and spread, significantly harming its appearance and health
Enforcement: The local authority pursued prosecution after investigation confirmed the tree was protected and the homeowner had not sought consent. Evidence showed the homeowner had been previously advised of the TPO status.
Outcome: The homeowner was fined £2,000 plus costs and required to fund replacement planting. The case demonstrates the importance of checking tree status and obtaining necessary consents before undertaking any work.
Common Questions About TPOs
How do I find out if a tree is protected by a TPO?
There are several ways to check if a tree is protected by a TPO:
- Local authority records: Contact your local planning authority's tree officer or planning department. They maintain a register of all TPOs which is available for public inspection.
- Online planning maps: Many local authorities now have interactive online maps that show TPOs along with other planning constraints.
- Property searches: When purchasing a property, standard conveyancing searches should identify if there are any TPOs affecting the land.
- Land Registry: TPOs may be noted on the property's title documents, though this isn't always the case.
It's important to note that TPOs don't always have physical markers on or near the trees themselves. Never assume a tree isn't protected just because there's no visible sign or tag.
If you're in any doubt about a tree's status, always check with your local authority before carrying out any work. Remember that trees in Conservation Areas have automatic protection similar to TPOs, even if they don't have a specific TPO on them.
Can I get a TPO removed or modified?
Yes, it is possible to get a TPO removed or modified, though success depends on the circumstances:
Application to revoke or modify: