Expert Tree Care Advice
Perhaps a tree in your garden has become too large, its branches are blocking light, or you are concerned that it has become unsafe. Maybe you simply want to remove a tree that is no longer suitable for your garden. Then your neighbour mentions that it might have a “TPO” on it.
So, what is a TPO (Tree Preservation Order), and what does it mean for you and the tree? Briefly, a Tree Preservation Order (TPO) is a form of legal protection that can restrict what you are allowed to do to a tree, or group of trees, which has been so designated. Carrying out certain work without the necessary consent can result in enforcement action, so it is important to establish whether a tree is protected before arranging tree work.
The good news is that having a TPO does not necessarily mean that a tree can never be pruned, reduced or removed. It means that you may need permission before certain work can take place.
A Tree Preservation Order is an order made by a local planning authority to protect specific trees, groups of trees or woodlands where their preservation is considered important in the interests of local amenity.
In simple terms, a TPO protects a tree from inappropriate or unauthorised work. A protected tree cannot normally be cut down, topped, lopped, uprooted, wilfully damaged or destroyed without the appropriate consent from the local planning authority. Some exceptions apply, so the exact circumstances and proposed work matter.
TPO stands for Tree Preservation Order. You may also hear people asking “what is TPO?”, “what does TPO mean?” or “what is a TPO on a tree?” They all refer to the same basic principle: the tree has a specific form of legal protection intended to prevent inappropriate work or removal.
If you own a property with a TPO tree sited on it, it means you cannot simply assume that you can carry out whatever tree work you want to pertaining to that tree. This can include work such as:
However, a TPO is not a blanket ban on tree maintenance. Appropriate work may still be possible where consent is obtained or where a specific legal exception applies. The important point is to establish the tree’s protection status before work begins.
You might assume that a protected tree must be extremely old, rare or historically important. That is not necessarily the case.
TPOs are generally concerned with the amenity value of trees. To put it plainly it involves the contribution the protected tree makes to the appearance, character and enjoyment of an area. A local planning authority may consider a TPO where removing a tree could have a significant negative effect on the local environment and its enjoyment by the public. A TPO can apply to:
Trees of any size or species can potentially be protected. This means that a mature tree in a residential garden can be protected even if it has no particular historical significance.
If there is a TPO on a tree in your garden, does that mean you cannot touch it?
Not necessarily. A TPO means that certain types of work are controlled. If you want to carry out work that requires consent, you normally need to apply to the relevant local planning authority before starting. The authority will consider the proposed work and the reasons for it. Consent may be granted, refused, or granted subject to conditions.
This is why it is important to be precise about what you want to do. “Cut the tree back” is very different from a detailed proposal explaining which branches need removing, how much the crown needs reducing and why the work is necessary.
If you want to cut down a tree which has a TPO, you will normally need to obtain consent from the local planning authority first.
Do not arrange for a tree surgeon to fell a protected tree simply because you believe it is too large, inconvenient or unattractive. Establish whether the tree is protected and whether permission is required before work starts on removing it.
A TPO can also affect pruning. If you are wondering, “Can I prune a tree with a TPO?” or “Can I trim a tree with a TPO?”, the answer depends on the proposed work and whether an exception applies.
Reducing the crown, removing substantial branches or undertaking other significant pruning may require consent. The fact that the work is described as “just trimming” does not automatically mean that TPO restrictions do not apply.
For advice about appropriate pruning, see Wiltshire Tree Care’s tree surgeon services, which include crown reduction, crown thinning and crown lifting.
There are specific exceptions to TPO regulations concerning dead trees and dead branches. For example, dead branches can generally be removed from a living protected tree without prior notice or consent, while different requirements can apply when an entire dead tree is involved. Where a dead tree needs to be felled, advance written notice is normally required unless the work is urgently necessary because there is an immediate risk of serious harm to people or property.
If a tree appears dangerous, it is important not to assume that a TPO can simply be ignored. The tree’s condition, the urgency of the situation and the reason for the proposed work can all be relevant.
Routine maintenance is not automatically exempt simply because it is routine.
If a tree is protected, check what protection applies and whether your proposed work requires consent before you start. Where there is any doubt, obtaining appropriate arboricultural advice and/or confirmation from the local planning authority can help establish what is permitted.
You do not need to guess whether a tree is protected. The first step is to contact the relevant local planning authority at your Local Council. Many councils provide information about TPOs and protected trees on their websites. Some councils provide online maps or planning searches that allow you to check whether a property or tree is covered by a TPO. To use the service you may need information such as:
If you cannot find the tree online, contact the local authority rather than assuming that no TPO exists.
It is also worth checking whether the property is within a conservation area, because trees in conservation areas can have additional protection even when there is no specific TPO.
TPO consent is the permission required from the local planning authority for work covered by a Tree Preservation Order. Finding a TPO does not necessarily mean that the work you want to carry out cannot happen. Instead, you may need to submit an application describing the proposed work and explaining why it is necessary. The authority will then assess the proposal and decide whether to grant consent, refuse it or impose conditions.
The more clearly the proposed work and its justification are explained, the easier it is for the authority to understand what you are asking to do.
Applications for work to trees protected by a TPO are normally made to the relevant local planning authority using the standard application process.
You may need to provide:
The GOV.UK guidance states that applications should clearly specify the work being proposed and give adequate information to support the case.
You apply to the local planning authority, normally through the relevant council.
Yes. Explaining why the work is required can be an important part of an application. For example, the reason might relate to tree health, safety, structural damage or another legitimate concern.
The timescale can depend on the application and the local authority. It is therefore sensible to allow sufficient time for the application to be considered rather than scheduling tree work on the assumption that consent will be immediate.
Some tree surgeons like Wiltshire Tree Care can also assist with applications for work to protected trees and trees in conservation areas.
The answer to this question depends on the tree, the proposed work and whether an exception applies.
Consider some common situations:
A common concern is what happens when a protected tree has become dangerous or is considered to be a hazard. Here are some pointers to how to deal with various situations:
Special rules apply to dead protected trees. In many circumstances, five working days’ written notice must be given to the local authority before work is undertaken on a dead tree, unless there is an immediate risk of serious harm requiring urgent action.
If a protected tree presents a genuine safety risk, the situation should be assessed carefully. Do not simply remove the tree because it appears unsafe.
Evidence of the tree’s condition may be important, particularly where an application is being made because of concerns about health, structural stability or safety.
A professional tree inspection can help establish the condition of the tree and what work may actually be appropriate. If you live in the county or surrounding area, Wiltshire Tree Care provides tree inspections and advice on tree maintenance and management.
Yes. In certain circumstances, there is a legal duty to replace a protected tree that has been removed, uprooted or destroyed, including some circumstances involving dead or immediately dangerous trees. The replacement duty can also transfer when land changes hands.
This is another reason not to assume that removing a problematic protected tree is the end of the matter.
It is worth checking before work starts rather than discovering afterwards that the tree was protected. Unauthorised work to a protected tree can be an offence and may result in enforcement action and penalties. Ignorance of the existence of an Order is not generally a defence.
Responsibility ultimately rests with ensuring that the proposed work is lawful. This is particularly important when employing a contractor: make sure everyone involved understands whether the tree is protected and what consent has been granted.
A TPO does not simply disappear because the tree has been protected for a certain number of years. A newly made Order initially has provisional effect. It comes into effect on the day it is made and this provisional protection lasts for six months unless the authority confirms it or decides not to confirm it. A confirmed TPO can continue to protect a tree unless the Order is varied or revoked. Importantly, protection is associated with the land and tree rather than simply with the individual homeowner. So, buying or selling a property does not, by itself, remove the TPO.
What if you are concerned that an important tree could be removed by somebody else? You can contact the relevant local planning authority and ask it to consider whether a TPO should be made. Perhaps there is a mature tree that makes an important contribution to the appearance of your neighbourhood, or a development nearby has raised concerns about its future.
However, asking for a TPO does not automatically mean that one will be granted. The local planning authority has to consider whether protection is justified in the interests of amenity.
TPOs are not the only form of tree protection you need to know about. Section 211 relates to trees in conservation areas that are not already protected by a TPO. If you want to carry out certain work to a tree in a conservation area, you may need to submit a Section 211 notice to the local planning authority, normally giving six weeks’ notice. This gives the authority an opportunity to consider whether the tree should instead be protected by a TPO.
A Section 211 protection is not the same as a TPO:
If your property is within a conservation area and your tree does not have a TPO, you may still need to notify the local planning authority before carrying out certain work. This is why checking both TPO status and conservation area status is important before arranging tree work.
The easiest way to think about the distinction is:
In both situations, you should establish what restrictions apply before cutting down, pruning or otherwise working on a tree. If you are unsure whether a tree in your area is protected, professional advice can help clarify what work may be appropriate. Wiltshire Tree Care works across West Wiltshire and undertakes applications relating to protected trees and trees in conservation areas.
Discovering a TPO covered tree when buying a house does not necessarily mean that the property is likely to be problematic.
A mature protected tree can be an attractive feature and make a valuable contribution to the local environment. However, you should understand what the protection could mean for your future plans. Consider whether you are likely to want to:
It is sensible to check the relevant records and understand the tree’s protection status before committing to future work.
Before you arrange for a tree to be pruned, reduced or removed, work through this checklist:
If you are unsure what work a tree actually needs, professional arboricultural advice can be useful before an application is submitted. This can help establish whether pruning, reduction, removal or another form of tree management is appropriate.
Wiltshire Tree Care provides professional tree surgery services including tree inspections, pruning, crown reduction, crown thinning, crown lifting and tree felling. The company is based in Worton near Devizes and provides tree services throughout West Wiltshire, including Devizes, Melksham, Trowbridge, Calne and Marlborough, as well as surrounding villages and countryside.
TPO stands for Tree Preservation Order. It is a form of legal protection used by local planning authorities to protect specific trees, groups of trees, areas or woodlands.
It means that certain work to the tree is restricted and may require consent from the local planning authority before it can be carried out.
Check with your local planning authority and look for its online TPO or planning records. If you cannot find the information online, contact the council directly.
Potentially, yes, but you may need consent depending on the work proposed. Do not assume that pruning is automatically exempt.
A protected tree can potentially be removed where the appropriate consent is granted or where a specific exception applies. You should establish the position before arranging removal.
There are exceptions allowing dead branches to be removed from a living protected tree without prior notice or consent. However, different rules can apply to a whole dead tree, so check the circumstances carefully.
The condition and urgency of the situation need to be considered. Evidence of the tree’s condition may be important, and specific exceptions can apply where there is an immediate risk of serious harm.
A confirmed TPO does not simply expire after a set period. An Order can remain in force unless it is varied or revoked.
A local planning authority can vary or revoke a TPO, subject to the relevant procedures.
The protection is associated with the land and tree rather than simply the current owner, so selling the property does not normally remove the TPO.
You can ask the local planning authority to consider making a TPO, but the authority decides whether protection is justified.
No. They are different forms of protection. Trees in conservation areas that are not protected by a TPO may be subject to Section 211 notification requirements.
It is a notice to the local planning authority of proposed work to certain trees in a conservation area that are not already protected by a TPO. Normally, six weeks’ notice is required.
If you are asking “what is a Tree Preservation Order?” because you want to carry out work on a tree at your property, the most important thing is not to assume.
Check the protection status first. Then establish exactly what work the tree needs and whether TPO consent, a Section 211 notice or another form of permission is required. If you are unsure what work is appropriate, an experienced arborist can assess the tree and help you understand the practical options before work is arranged. Wiltshire Tree Care provides professional tree inspections and tree surgery across West Wiltshire, including Devizes, Bradford-on-Avon, Corsham and Marlborough.
The company can also assist with applications for work to protected trees and trees in conservation areas, helping homeowners establish the appropriate course of action before work begins.
The key message is simple: if you think a tree might be protected, check before you cut.
