Tree Legislation

Some trees are protected by tree legislation. What types of legal protection are there and why you should check before starting work.

Tree Preservation Orders

A minority of trees in England are protected by Tree Preservation Orders, a tree legislation managed by local authorities. The main reason for a tree to be protected is due its location within a conservation area or historic park. Most local authorities have online maps to help you discover if a tree is protected by a Tree Preservation Order.

A Tree Preservation Order is made by a local planning authority to protect specific trees, groups of trees or woodlands in the interests of amenity.

A TPO prohibits:

  • Cutting down
  • Topping
  • Lopping
  • Uprooting
  • Wilful Damage
  • Wilful Destruction

Planning Applications

When a planning application has been made, local planning authorities have a duty to ensure that planning conditions are used for the preservation and planting. All relevant documents including; tree survey or arboricultural results, are all accessible through the local planning authority for public viewing.

If planning to work on a tree (cutting down or pruning) that is covered by a TPO, permission from the local planning authority is required unless:

  • The tree is dead
  • The tree presents an urgent and serious safety risk
  • The tree is directly in the way of development before it starts

However, the local authority must have written notice, by letter or email, 5 working days before the task is carried out.

When a planning application is submitted, developers are required to supply details of potentially affected trees and display these trees on application plans (showing appropriate crown spread and root protection area). These trees are usually categorised in relation to design, demolition and construction recommendations. The system proposes that trees are surveyed and allocated into different categories according to; quality, landscape, cultural values, conservation and whether arboricultural.

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

If you deliberately destroy or damage a protected tree, you could be liable to an unlimited fine. You can also be fined if you cause or allow such work. Some offences can lead to fines of up to £2,500.