If you’ve got trees on your property or you’re planning work that could affect nearby trees, it’s worth understanding how Tree Preservation Orders work. A TPO can have a significant impact on what you’re allowed to do, and carrying out work without the right permissions can lead to serious legal consequences.
Below, we cover what TPOs are, the different types that exist, how to check whether a tree on your land is protected, and what steps you need to take if you want to carry out work on a protected tree. We also explain what happens with dangerous trees, how TPOs interact with planning permission, and how our team at MJC Tree Surgeons can help you navigate the process.
What Is a Tree Preservation Order?
A Tree Preservation Order is a legal mechanism used by a local planning authority, usually your local council, to protect specific trees, groups of trees or woodlands from deliberate damage and destruction. This protection covers actions such as felling, lopping, topping, uprooting or any other form of wilful damage.
TPOs are enabled by the Town and Country Planning Act 1990 and are most commonly applied to trees in urban and semi-urban settings. They tend to be placed on trees that have high amenity value or nature conservation importance. “Amenity” isn’t strictly defined in law, but councils generally consider factors like the tree’s visibility to the public, its size and form, any historical or cultural significance, its contribution to the surrounding landscape, and its ecological value.
It’s important to know that a TPO can be placed on any type of tree, including hedgerow trees, but not on hedgerows, bushes or shrubs themselves.
What Types of Tree Preservation Order Are There?
TPOs come in four distinct forms, each offering a different scope of protection.
Individual TPO
This applies to a single tree of notable importance. It might be historically significant, visually prominent or a rare species. Individual TPOs apply whether the tree is on public or private land.
Group TPO
A group TPO covers a specific cluster of trees that contribute to the character of an area collectively. These trees may form a distinctive landscape feature or hold value as a group rather than individually.
Area TPO
This type covers all trees within a defined mapped area. Area TPOs are typically temporary measures, remaining in place until each tree can be individually assessed. They do not extend to new trees planted after the order is established.
Woodland TPO
A woodland TPO protects all trees within a woodland, including any new growth and future plantings. This is designed to preserve the long-term health and integrity of the entire woodland ecosystem.
How Do You Find Out If a Tree Has a TPO?
There’s no single, instant way to determine whether a tree on your property is protected. Your best starting point is to contact your local council’s planning department. Most councils maintain a public register of active TPOs, and many now provide searchable online maps.
If your property was recently purchased, your solicitor or conveyancer may have flagged any TPOs during the conveyancing process. You can also check government maps and inventories for ancient woods and notable trees.
If you’re in a conservation area, the rules are slightly different. All trees with a trunk diameter exceeding 75mm measured at 1.5 metres above ground level are automatically afforded protection, even without a specific TPO in place. When in doubt, the simplest approach is to contact your council directly and ask before any work begins.
What Work Can You Do on a Tree with a TPO?
If a tree is protected by a TPO, you must obtain consent from your local planning authority before carrying out any work on it. This applies to all work, including routine pruning. You’ll need to submit a standard application form, and the council is required to respond within eight weeks. For trees in conservation areas, you need to provide six weeks’ notice.
Even with a TPO in place, the responsibility for maintaining the tree and managing any health and safety risks it presents remains with you as the landowner. The council protects the tree, but it doesn’t take over its care.
If your application is refused and you believe the decision is wrong, you do have the right to appeal.
What Happens If You Carry Out Unauthorised Work on a Protected Tree?
The consequences of carrying out work on a TPO-protected tree without permission can be severe. In a Magistrates’ Court, fines of up to £20,000 per tree can be imposed. More serious cases can be referred to the Crown Court, where fines are unlimited and a conviction could result in a criminal record.
Beyond the financial penalties, you may also be required to plant a replacement tree of an appropriate size and species at the same location as soon as reasonably possible. If you sell the land before the replacement is planted, that duty passes to the new owner.
Local authorities can become aware of violations through a number of channels, including reports from neighbours, routine inspections, aerial monitoring, or even through your own planning applications triggering further investigation.
What Should You Do If a Protected Tree Is Dangerous?
Safety always comes first. If a protected tree poses an immediate danger to people or property, you are generally permitted to carry out the minimum work necessary to remove the threat without obtaining prior consent. However, you should notify your local authority as soon as possible after the work is completed, and you’ll need to provide evidence of the tree’s condition, including photographs and a written account of what was done and why.
For trees that are dangerous but not an immediate threat, the process is more structured. You should report the issue to your council’s tree officer, provide details and photographs, and wait for their assessment. The council will determine what work is necessary and may attach conditions, such as requiring a replacement tree to be planted.
Signs that a tree may be dangerous include visible cracking or splitting in the trunk, deadwood in the canopy, an unnatural lean, exposed or damaged roots, fungal growth at the base, or sudden leaf loss outside of the normal season.
Can Anyone Request a Tree Preservation Order?
Yes. Anyone can request a TPO on a tree they believe should be protected, regardless of whether they own the land where the tree stands. Most councils accept written requests or online form submissions. Your request should include the tree’s location, its species if known, and a clear explanation of why you believe it needs protection.
The council will assess the request based on criteria including the tree’s health, rarity, visual amenity and contribution to the local environment. If they agree, a temporary TPO can be put in place immediately. Within the first six months, the order can be confirmed, modified or allowed to lapse. If no objections are received during that period, the TPO becomes permanent.
It’s worth noting that making a TPO is a discretionary power. The council is not obliged to protect any tree, but once an order is in place, it has a duty to enforce it.
Do TPOs Apply to Trees on Development Sites?
If planning permission is granted for a site and the approved plans include the removal of a TPO-protected tree, the planning permission takes precedence over the TPO. That said, the council should consider whether design changes could allow the tree to remain before granting approval. Where a protected tree does need to be removed as part of a development, the landowner retains the duty to plant a suitable replacement.
Get in Touch with MJC Tree Surgeons
If you need advice on Tree Preservation Orders or require professional tree work on your property, MJC Tree Surgeons is here to help. With over 30 years of hands-on tree felling and pruning experience, we understand the legal and practical side of working with protected trees.
All our work is carried out to British Standard BS3998:2010, and our team holds City & Guilds NPTC certifications across all chainsaw categories. We offer free, no-obligation quotes and serve homeowners and businesses across Southampton, Eastleigh, Winchester, Romsey, Fareham and the wider South Hampshire area. Contact us today to arrange a visit, or call the team directly.
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