A TPO requires you to apply for the council's written consent before touching a tree, whereas a conservation area tree without a TPO only requires you to give six weeks' written notice — a Section 211 notice — before works. They are two different regimes, and confusing them is one of the most common and most expensive mistakes homeowners make.
Both protections sit under Part VIII of the Town and Country Planning Act 1990, both are backed by criminal law, and both can end in a five-figure fine. But the mechanism, the timescale and the paperwork are fundamentally different. This guide sets out how each one works, how to tell which applies to your tree, and the traps that catch people who assume the two are interchangeable.
Two protections, two different mechanisms
| TPO tree | Conservation area tree (no TPO) | |
|---|---|---|
| What you do first | Apply for consent | Give notice (Section 211) |
| Notice / decision period | LPA decides within 8 weeks | 6 weeks' notice before works |
| Can it be refused? | Yes — approve, refuse or condition | No — council either makes a TPO or lets it lapse |
| Right of appeal | Yes (Reg 19, to the Secretary of State) | No appeal (nothing is formally "decided") |
| Validity once cleared | Consent valid 2 years | Proceed within 2 years of the notice |
| Duration of protection | Indefinite | Lasts while the conservation area designation stands |
| Penalty for breach | Up to £20,000 / unlimited + replant | Up to £20,000 / unlimited + replant |
The penalties row is the one people miss: conservation-area protection is procedurally lighter, but breaching it is just as criminal as breaching a TPO.
The 6-week Section 211 notice, explained
If a tree stands in a conservation area and is not already covered by a TPO, you cannot simply do the work. You must serve the LPA with a Section 211 notice describing the proposed works, and then wait 6 weeks before starting (unless an exemption applies).
The purpose of that six-week pause is simple: it gives the council a window to decide whether the tree is worth keeping permanently. During those six weeks the authority can make a TPO to protect it. Once the notice is in, one of two things happens:
- The council makes a TPO — you then have to follow the full TPO consent route instead; or
- The council does nothing / does not object — the notice period lapses and you may carry out the works within 2 years of the notice.
Crucially, a Section 211 notice is not an application for consent. The council cannot "refuse" it or attach conditions — there is nothing to grant. It is a screening step, not a decision, which is why there is also no right of appeal against it. That is the single biggest conceptual difference from a TPO.
The TPO consent route, by contrast
If a tree already has a TPO, the Section 211 process does not apply — you go straight to a formal consent application on the standard form. The LPA has 8 weeks to decide, and can grant, refuse, or grant with conditions. Consent, once given, is normally valid for 2 years. A refusal, a conditional grant, or non-determination within eight weeks can be appealed to the Planning Inspectorate under Regulation 19.
For the full picture of how orders work — how they are made, served and challenged — see our main guide to Tree Preservation Orders.
The size threshold and exemptions
Not every twig triggers the Section 211 regime. It applies only to trees above a small size — commonly cited as over 75mm in diameter measured at 1.5m above ground, rising to a 100mm threshold where you are thinning to help other trees grow. (These thresholds derive from the 2012 Regulations; confirm the exact figure with your LPA before relying on it.)
Both regimes share broadly the same exemptions, including:
- Dead trees (with 5 working days' prior notice to the LPA where practicable);
- Urgent works to remove an immediate danger;
- Works to prevent or abate a nuisance;
- Compliance with an Act of Parliament;
- Works needed to implement a full planning permission.
Note the trap: the old "dead, dying or dangerous" exemption was narrowed by the 2012 Regulations to "dead" plus urgent danger works only. Many homeowners still cite the outdated wording — and get it wrong. See TPO fines and penalties for what that mistake can cost.
A worked example: two neighbours, two rules
Two houses back onto the same mature sycamore belt. Number 4's sycamore carries an individual TPO from a 1990s order; Number 6's does not, but both properties sit inside a conservation area. Both owners want a 20% crown reduction.
- Number 4 must submit a works application for the TPO tree and wait up to 8 weeks for a decision that could approve, refuse or condition the reduction — with a right of appeal if refused.
- Number 6 serves a Section 211 notice for the same works and waits 6 weeks. If the council stays silent, the reduction can go ahead; if the council decides the tree matters, it makes a TPO in that window and Number 6 is suddenly on the same footing as Number 4.
Same street, same species, same works — two entirely different procedures. That is why you check each tree individually rather than assuming.
Which one applies to you?
Work through it in order:
- Does the tree have a TPO? If yes → apply for consent (8-week decision). The conservation area rules are irrelevant; the TPO takes precedence.
- No TPO, but in a conservation area? → serve a Section 211 notice and wait 6 weeks.
- Neither? → generally no arboricultural consent is needed, though development works may still require a tree survey for planning, and a felling licence can apply to larger-scale felling.
Not sure which category your tree falls into? Run a Tree Preservation Order check with the LPA — the same search will usually tell you whether the property lies in a conservation area, and you can bring in a qualified tree surveyor where the works are contested or development-related.
Requirements — and conservation-area boundaries — are set locally
This is fundamentally a local system. It is your local planning authority that designates conservation areas, decides where their boundaries fall, makes TPOs, and judges Section 211 notices and consent applications. Councils vary enormously: some boroughs are blanketed in conservation areas and dense with TPOs, while others protect far less, and a tree officer in one authority may wave through a reduction that another would meet with a fresh TPO. Where development is involved, validation checklists and tree-officer expectations differ authority to authority too, so always confirm the position with your council rather than a neighbouring area's.
PlanWatch tracks live tree-related planning activity — Section 211 notices, works to protected trees and new TPOs — council by council, so you can see how your own authority behaves before you commit. Compare the picture across Leeds, Bristol and Lambeth, then check your own area from the tree-surveys hub.
Why getting this wrong is costly
Whether the tree is protected by a TPO or by conservation area status, carrying out unauthorised works is a criminal offence. Destroying a protected tree can attract a fine of up to £20,000 in the Magistrates' Court (unlimited in the Crown Court), with lesser breaches up to £2,500, plus a duty to plant a replacement. "I thought it was only a conservation area, not a TPO" is not a defence — both carry full criminal liability, and both remove any financial benefit the court finds you gained.
This guidance is England-centric. Wales, Scotland and Northern Ireland operate parallel but distinct regimes; check the relevant national framework before relying on it elsewhere. It is general information, not legal advice.
For the wider context, read our full Tree Preservation Orders guide.