Trees & the Law

Tree Preservation Orders (TPO) Guidance Information

Trees subject to a Tree Preservation order are protected by law under the Town & Country Planning Act 1990. Permission to undertake work on these trees must be sought from your Local Planning Authority.

It is an offense to cut down, uproot, top, lop, or cause wilful damage or destruction of a tree subject to a preservation order, including to the roots, to do so will render you liable to prosecution and a fine up to £20,000.

There are exemptions from the requirement to obtain permission but to protect you from possible prosecution; it would always be advised to seek further advice from the Local Planning Authority or an arboricutural expert.

Applications for work to trees may be made by the property owner, his agent or anyone who has an interest in the tree(s) for example a neighbour. Applications will normally go before an elected members committee of the Local Authority where a decision is given within 8 weeks, the decision given may be appealed if considered unreasonable.

Trees in Conservation Areas Guidance Information

Trees within a conservation area are essentially subject to the same law and penalties as those protected by Tree Preservation Orders, however there is no requirement to apply for permission to undertake tree works. You are though compelled by law to give six weeks notice of your intention to carry out work to such trees. Failure to comply will render you liable to prosecution on the same basis as if the tree where subject to a Tree Preservation Order and therefore a fine of up to £20,000.

The object of this six week period is to allow the Local Planning Authority to undertake consultation and decide if the tree(s) are worthy of a Preservation Order. Should the Local Planning Authority decide to protect the tree(s), the decision given may be appealed if considered unreasonable.