A Tree Preservation Order (TPO) is an statutory order by which individual trees, groups of trees and woodlands can be protected for environmental reasons, their aesthetic value or for the pleasure of the local public. TPOs are covered in Regulation 13 of The Town and Country Planning (Tree Preservation) (England) Regulations, 2012.

TPOS are made by local planning authorities. However, the power to issue TPOs is discretionary; councils can choose to issue a TPO or not, but when they do, they are obliged to enforce it.

Once a TPO has been issued, it becomes a criminal offence for the tree to be subject to: wilful damage or destruction; being lopped, topped, uprooted, or felled without authorisation from the local authority. Current Government guidance suggests cutting roots of a TPO-protected tree without authorisation is also prohibited. Landowners can be prosecuted for contravening a PTO, so it is important to understand the implications of having a PTO-protected tree on your land.

TPOs are most commonly applied to trees in urban or suburban settings, where their presence has clear amenity, environmental and/or aesthetic value. They can also protect non-commercial orchards and trees growing within hedgerows (but not hedgerows themselves, bushes or shrubs).

Who is responsible for trees protected by a TPO?

The landowner is responsible for trees protected by a TPO. As the financial penalties for carrying out even routine care and maintenance works on TPO-protected trees can be huge, it is vital landowners follow the correct procedures and obtain permission from the local planning authority before any works on protected trees.

How do I apply for a TPO?

The first step in obtaining a TPO is to contact the local planning authority’s Tree Officer or equivalent. Issuing TPOs is a discretionary power; the local planning authority are not obliged to issue an order even if there is strong feeling that a tree, group of trees or woodland are in need of protection. It is therefore important you make clear your reasoning for requesting the TPO; the Royal Horticultural Society advise including a map to aid the authority’s assessment of the application.

According to the Woodland Trust, TPOs are most commonly issued when a tree or woodland has amenity; TPOs are not often made to protect woodlands.

What happens when a TPO is issued?

The local planning authority can put in place an immediate, temporary TPO following an application. The local planning authority will then inform interested parties that a temporary TPO is in place. Interested parties can include: the owners and occupants of land on which the TPO-protected tree(s) stand, people known to carry out works on the trees, Parish councils or the Forestry Commission. The planning authority may also display signs informing passers-by of the temporary TPO, as well as notifying adjacent landowners and occupants.

Any objections to the temporary TPO should be made within 28 days of notice being given.

There is then a six-month period wherein the temporary TPO can be confirmed, terminated, or allowed to lapse. The TPO can also be modified in some ways during this period, but more trees cannot be added to it; if more trees need to be added, the local authority will need to issue an additional TPO to protect these.

If no objections are made within six months of the temporary TPO being issued, the TPO can be made permanent.

Carrying out work on a tree subject to a TPO

A ‘Works to Trees’ application must be made to the local planning authority at least eight weeks before the proposed work on a TPO-protected tree. These works can be routine in the care and maintenance of the tree (pruning, crowning etc.), or more urgent, one-off works.

The Royal Horticultural Society (RHS) advises having the tree(s) assessed by a tree surgeon to speed facilitate an application for works.

What happens if a protected tree is dead, dying or dangerous?

If a TPO-protected tree is dead or a risk to health and safety, the local planning authority should be informed of your intention to carry out work on the tree and written agreement for the work obtained at least five days in advance. This covered by Regulation 14, The Town and Country Planning (Tree Preservation) (England) Regulations, 2012.  

Landowners are strongly advised not to go ahead and carry out urgent works and apply for permission retrospectively, as local planning authorities often do not look kindly on this and the financial penalties for contravening a TPO can be severe (see ‘What are the penalties for contravening a TPO?’, below).

The only exception to the above is if a TPO-protected tree is causing immediate danger. In this case, urgent work may be carried out without authorisation or notifying the local planning authority of your intention to work on the tree. However, the landowner must collect evidence to demonstrate the danger caused and the need for the urgent work. This evidence could include (but is not limited to): tree surgeon’s reports, eye-witness statements, photographs and videos. The local authority will need to see this evidence in order to ascertain whether the TPO was breached.

Do I need to replace a TPO-protected tree that is felled or dies?

If dangerous or dying protected trees are felled or die, it is the landowner’s responsibility to replace them as soon as they reasonably can with another tree or trees of the same or similar species and size, in the same location.

What are the penalties for contravening a TPO?

If permission for works to be carried out on a TPO-protected tree is not obtained, then local planning authorities have the right to prosecute the responsible landowners.

If a TPO-protected tree is destroyed by unauthorised works, there is no limit to the financial penalties that can be imposed by the Courts. Other contraventions can result in fines of between £2,500 and £20,000. It is therefore essential that the landowner seeks permission for any and all works carried out to protected trees in advance, even when these are routine or urgent.

Case in point: in 2019 a Dorset-based businessman was ordered to pay a totally of £40,000 for lopping a TPO-protected mature oak tree in his garden. The tree’s branches were shading the Juliet balcony he had recently added to his home. Tree surgeons reported the TPO-protected tree would never recover from the work done, and the landowner was fined £1,200 for breaching the TPO by having unauthorised work done. The local authority then brought a case against the landowner for having benefitted from this crime, and a further £21,750 was added to his fine (this was the estimated value that had been added to his home as a result of the illegal works). Finally, £15,000 in legal costs was added to the total. In all, the penalty for ignoring a TPO can be severe and the orders should not be ignored.

Exemptions

There are cases whereby some works and TPO-protected trees are exempt, outlined below. It is worth seeking specialist advice in these cases to ensure there is no breach of the TPO.

Even if a TPO is made, the following exceptions to the order may apply:

• Where planning permission has been granted for land on which TPO-protected trees stand, the TPO is not longer valid. Therefore the TPO does not prevent the developers felling TPO-protected trees if they would prevent the development.
• If trees on commercial orchards are being actively used in the production of fruit for business, they can be worked upon so long as the work is directly in the interests of the business. Fruit trees on commercial orchards are therefore only exempt if they are being actively used for commercial gain, and not, for example, a biennial bearing fruit tree in a non-productive year.
• An Act of Parliament may require work to a tree or it being felled.
• Work can be carried out by the Forestry Commission subject to a Felling License or similar authorised scheme.
• If trees are dead, dying or dangerous then work can be carried out, but written agreement should be obtained from the local planning authority in advance and an appropriate replacement/replacements planted as soon as reasonably possible. If the danger is imminent, work may be carried out but it is vital landowners collect sufficient evidence to prove the danger was immediate.
• Dead branches can be removed from a living tree.

How do I know which trees are protected by TPOs?

Many local planning authorities have interactive maps which show active TPOs. For example: Dartford Borough Council, East Hampshire District Council and Ards and North Down Borough Council.

If your local authority does not have an interactive map available, the local planning authority should have a list of active TPOs available for the public to read at their request. Individuals can the speak to their local authority’s Tree Officer or equivalent to request access.

If you are considering extending or altering your home, you may find some of these services useful: