What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is an order made by a local planning authority that protects specific trees or groups of trees considered to make a significant contribution to the local environment. Once a TPO is in place, the owner must apply to the council before carrying out any works to the tree, including pruning, felling, or carrying out development that would damage its roots.

Can I do anything to a TPO tree without consent?

You can carry out essential work to make the tree safe in an emergency, such as removing a branch that has fallen or poses immediate danger, without consent. Minor pruning to maintain a tree in good health (dead-wooding) may also be exempt. All other works - including crown reduction, pollarding, and felling - require prior written consent from the local planning authority.

Do trees in conservation areas need consent?

Yes. In a conservation area, all trees with a trunk diameter of 75mm or more at 1.5m above ground are protected in a similar way to TPO trees. You must give the local planning authority six weeks' written notice before carrying out any works, allowing them time to make a TPO if they consider the tree worth protecting. This requirement applies regardless of whether a formal TPO exists.

What is the penalty for cutting down a TPO tree?

Carrying out unauthorised works to a TPO tree is a criminal offence under the Town and Country Planning Act 1990. The maximum fine on conviction is unlimited, and the court takes into account the amenity value of the tree. In addition to the fine, a replacement planting condition will usually be imposed.

TPO - Tree Preservation Order - Construction Glossary

Definition

A Tree Preservation Order (TPO) is an order made by a local planning authority (LPA) to protect specific trees, groups of trees, or woodland whose removal would have a significant negative impact on the local environment and amenity. Once a TPO is in place, consent from the LPA is required before any works to the tree can be carried out - including pruning, felling, or any development that would damage its root system.

In practice

A TPO can be placed on a single tree, a group of trees, an area of trees, or a woodland. The order is registered as a local land charge and will show up in a solicitor's search when buying a property. To carry out works to a TPO tree, an application must be submitted to the LPA - they have eight weeks to respond and can approve, approve with conditions, or refuse.

In a conservation area, even trees without a TPO are protected if the trunk is 75mm or more in diameter at 1.5m height. Six weeks' written notice must be given to the LPA before any works, giving them time to consider making a TPO. This catches many homeowners out who are unaware their trees carry any protection. Trees on a site subject to a planning application are also commonly protected by planning conditions requiring their retention and protection during construction.

Planning & Legal

LegislationTown and Country Planning Act 1990; TPO Regulations 2012

Conservation area tree notice6 weeks written notice to LPA

LPA decision period8 weeks from valid application

Penalty for breachUnlimited fine on conviction

Before any groundworks, extensions, or development near trees, a tree survey and arboricultural impact assessment should be carried out in accordance with BS 5837:2012 (Trees in relation to design, demolition and construction). Planning applications affecting trees must be accompanied by a tree survey and show how root protection areas will be maintained during construction.

Full planning permission guidance

TPO (Tree Preservation Order)

Just so you know...