Planning Permission for Trees: TPOs, Conservation Areas & Felling Rules

You need permission to work on trees protected by a Tree Preservation Order (TPO) or located in a conservation area — cutting down a TPO tree without consent is a criminal offence with fines up to £20,000 (magistrates' court) or unlimited (Crown Court). Trees in conservation areas with trunks 75mm+ in diameter are automatically protected, and you must give 6 weeks written notice before any work. Unprotected garden trees generally don't need council permission, though a Forestry Commission felling licence may be required for larger volumes. This guide covers TPOs, conservation area rules, felling licences, and how to apply for consent.

When Do You Need Permission for Tree Work?

Key Tree Protection Facts (England, 2024)

• TPO trees: consent required for any work (cutting, lopping, topping, uprooting)
• Conservation area trees: 6 weeks written notice required (75mm+ trunk diameter at 1.5m)
• TPO offence: up to £20,000 fine (magistrates') or unlimited (Crown Court)
• Application for TPO tree works: free of charge
• Felling licence: required for >5 cubic metres per quarter (Forestry Commission)
• Exempt from felling licence: garden trees under 75mm, fruit trees, dead/dangerous trees

What is a Tree Preservation Order (TPO)? A TPO is a legal order made by the local planning authority to protect specific trees, groups of trees, or woodlands. TPOs prevent the cutting down, topping, lopping, uprooting, or wilful damage of protected trees without the council's written consent. TPOs are made under Section 198 of the Town and Country Planning Act 1990.

Not all trees are protected. You generally need permission to carry out work on trees in two situations:

1. The tree is covered by a Tree Preservation Order (TPO)
2. The tree is in a conservation area

If neither applies, you're generally free to do what you like with trees on your own land (subject to some exceptions like felling licences for larger-scale work).

Trees on Your Own Land

If you own the land where the tree stands, and the tree is not protected by a TPO or within a conservation area, you can usually prune, fell, or remove it without planning permission.

However, there are some caveats:

• Felling licence: If you plan to fell more than 5 cubic metres of timber in a calendar quarter, you may need a felling licence from the Forestry Commission (Forestry England)
• Planning conditions: If a tree was planted as a condition of planning permission, removing it may breach that condition
• Wildlife: Trees with nesting birds, bat roosts, or other protected species cannot be disturbed regardless of the tree's planning status

Trees on Someone Else's Land

You have no right to cut down or prune trees on someone else's land. You can, however, cut back branches or roots that overhang or encroach onto your property — but you should return the cuttings to the tree owner and cannot enter their land to do so.

Tree Preservation Orders (TPOs) Explained

A Tree Preservation Order is a legal order made by the local planning authority to protect specific trees or groups of trees. TPOs make it a criminal offence to cut down, top, lop, uproot, deliberately damage, or deliberately destroy a protected tree without the council's consent.

What Trees Can Be Protected?

Any tree can be covered by a TPO, including hedgerow trees. The council must demonstrate that the tree has amenity value — meaning it contributes to public enjoyment and the character of the area.

Common reasons for making a TPO include:

• The tree is visible from public land
• It contributes to the character of the streetscape or landscape
• It provides wildlife habitat
• There's a perceived threat to the tree (such as a planning application nearby)

How to Check If a Tree Has a TPO

Contact your local council's tree officer or planning department. Most councils now have TPO information available online through their planning portal. You can also:

• Search the council's interactive map (if available)
• Submit a formal enquiry
• Check the planning history of your property

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Applying for Works to a TPO Tree

If you need to carry out work on a TPO-protected tree, you must apply to the council using a Section 211 notice (for trees in conservation areas) or a formal application for works to a TPO tree.

Your application should include:

• A description of the proposed works (be specific — e.g., "reduce crown by 2 metres" not just "prune tree")
• The reason for the works
• A sketch plan showing the tree's location
• Photographs (helpful but not always required)

The council has 8 weeks to make a decision. They can:

• Grant consent (with or without conditions)
• Refuse consent
• Grant consent subject to a replacement planting condition

There is no fee for applications to carry out works to protected trees.

Exemptions from TPO Consent

You don't need consent for:

• Dead trees: Dead trees can be removed without consent (but you should give the council 5 working days' notice and be prepared to prove the tree was dead)
• Dangerous trees: If a tree poses an immediate danger, you can carry out the minimum work necessary to remove the danger. Take photographs as evidence and notify the council as soon as possible
• Statutory obligations: Works required by other legislation (e.g., highway authority removing a tree that's dangerous to road users)
• Trees under a certain size: Fruit trees managed for fruit production; trees with a trunk diameter of less than 75mm (or 100mm for thinning)

Penalties for Breaching a TPO

Unauthorised work to a TPO tree is a criminal offence:

• Magistrates' court: Fine of up to £20,000
• Crown Court: Unlimited fine

The penalty takes into account the financial benefit gained by removing the tree. Councils take TPO offences seriously, and prosecutions are not uncommon.

Trees in Conservation Areas

All trees in conservation areas with a trunk diameter of 75mm or more (measured at 1.5m above ground) have automatic protection. This applies even if they don't have an individual TPO.

The 6-Week Notice Requirement

Before carrying out work on a tree in a conservation area, you must give the council 6 weeks' notice (called a Section 211 notice). During this period, the council can:

• Allow the work to proceed (the 6 weeks expire without action)
• Make a TPO to provide permanent protection
• Request more information

The notice is free to submit and should describe the proposed work clearly.

What Happens After Giving Notice?

If the council doesn't respond within 6 weeks, you can proceed with the work as described. If they make a TPO during this period, you'll need to apply for formal consent (see above).

Felling Licences: The Forestry Commission

Separate from planning controls, the Forestry Commission (Forestry England in practice) controls large-scale tree felling through a felling licence system.

You need a felling licence if you plan to fell more than 5 cubic metres of timber in any calendar quarter. Of this, no more than 2 cubic metres can be sold.

Exemptions include:

• Trees in gardens
• Trees with a trunk diameter under 8cm (or 10cm for thinning, or 15cm for coppice)
• Fruit trees
• Trees that are dead or dangerous
• Works required by planning permission

Felling without a licence is an offence that can result in a Restocking Notice requiring you to replant, plus potential prosecution.

Trees and Planning Applications

When a planning application is submitted, trees on and near the site are an important material consideration.

Tree Surveys (BS5837)

For most planning applications where trees are present, the council will require a tree survey carried out to British Standard 5837. This survey:

• Identifies all trees on and adjacent to the site
• Categorises them by quality (A, B, C, or U)
• Shows root protection areas
• Recommends which trees should be retained

Category A trees (high quality) and Category B trees (moderate quality) are generally expected to be retained. Category U trees (poor condition/short life expectancy) can usually be removed.

Tree Protection During Construction

If trees are to be retained during development, the council will typically impose conditions requiring:

• Tree protection fencing before construction begins
• An Arboricultural Method Statement detailing how roots and canopies will be protected
• No-dig construction within root protection areas
• Monitoring by a qualified arboriculturalist

Replacement Planting Conditions

Where trees are removed to facilitate development, councils often require replacement planting. The general principle is that replacement should match or exceed the amenity value of what's been lost. Conditions may specify species, sizes, and maintenance requirements.

How to Protect Trees Near You

If you're concerned about a tree being under threat — perhaps due to a nearby development or a neighbour's intentions — you can:

1. Request a TPO: Write to your council's tree officer explaining why the tree has amenity value and why you believe it's under threat
2. Object to planning applications: If an application threatens important trees, submit an objection highlighting the tree's value
3. Report unauthorised work: Contact the council immediately if protected trees are being cut without consent

Councils can make emergency TPOs that take effect immediately, providing interim protection while the formal TPO process is completed.

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Common Tree Work and Whether You Need Permission

*Subject to felling licence requirements for larger trees outside gardens.

Frequently Asked Questions

Can my neighbour cut down a tree that blocks my light?

There is no automatic "right to light" that requires a neighbour to manage their trees. However, the High Hedges Act 2005 allows you to complain to the council about evergreen hedges over 2 metres tall that block light. This doesn't apply to individual deciduous trees.

How long does it take to get permission for tree work?

For TPO trees, the council has 8 weeks to decide. For conservation area notices, you must wait 6 weeks. If the council doesn't respond, you can proceed (for conservation area notices) or chase them up (for TPO applications).

Can the council force me to maintain a tree on my land?

Not usually. While a TPO prevents you from cutting a tree down, it doesn't require you to maintain it. However, you have a common law duty of care to ensure your trees don't pose a danger to neighbours or the public.

What if a protected tree is dangerous?

You can carry out the minimum work necessary to make the tree safe without prior consent, provided you notify the council as soon as reasonably practicable. Take photographs and keep records to demonstrate the danger was genuine.

Do I need permission to plant a tree?

No. You don't need planning permission to plant trees on your own land, though some restrictive covenants or lease conditions may limit what you can plant. Planting within the highway or on public land requires permission from the relevant authority.

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Further Reading

Related Guides

• How to Appeal a Planning Decision
• Permitted Development Rights Explained
• Planning Enforcement: When Rules Are Broken
• What Are Material Planning Considerations?
• Conservation Areas and Planning

Check Planning in Your Area

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• Bristol Planning Applications

Browse Planning by Region

Tree Preservation Orders and conservation area tree protections are managed by your local council. Some areas have significantly more TPOs than others, particularly in leafy suburbs and rural districts.

• Planning in London — Extensive TPO coverage across all 32 boroughs
• Planning in the South East — Ancient woodland protections, AONB tree requirements
• Planning in the South West — National Parks, high tree canopy areas, hedgerow regulations
• Planning in the East of England — Flat landscapes make individual trees more significant

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