Trees are one of the most valuable assets in our environment. They provide shade, beauty, habitats, biodiversity, carbon capture, and a sense of place in our gardens and neighbourhoods. But many mature trees also face risk from development, neglect or inappropriate pruning. To protect trees of special amenity or environmental value, many local authorities in the UK employ Tree Preservation Orders (TPOs). In this article, we explain what a TPO is, how legislation works, how you can check whether a tree is protected, when it’s lawful to prune a protected tree, and how we can assist you in matters of TPOs.
What is a Tree Preservation Order (TPO)?
A Tree Preservation Order (TPO) is a legal mechanism by which a local planning authority (LPA) grants protection to one or more trees, groups of trees or even woodlands, so that they cannot be cut down, uprooted, topped, lopped, pruned or otherwise damaged without prior consent.
The purpose of a TPO is to safeguard trees that make a positive contribution to the local area; for example through their appearance, historic interest, contribution to biodiversity, or because they provide public amenity.
A TPO does not prevent all work. Rather, it requires that for many kinds of work, the tree-owner or proposer must apply for permission (a “Tree Works Application”) from the local authority before proceeding. Some minimal or emergency works may be exempt in specific cases, but otherwise carrying out significant work without consent can lead to legal penalties.
TPOs operate under the framework set out in the Town and Country Planning Act 1990 (as amended) and the Town and Country Planning (Tree Preservation) (England) Regulations 2012 in England. In Scotland, separate but comparable legislation applies; in Northern Ireland and Wales there are analogous statutory provisions.
Because the local authority has discretion in making TPOs, the precise criteria and practice can vary between councils. In general though, trees that are visible to the public, in good health (or potential health), and of amenity value are more likely to be protected.
How legislation works for Tree Preservation Orders in the UK
Understanding the legislative and procedural framework is essential for anyone managing trees, commissioning tree work, or simply wanting to check protection status. Below is a broad outline of how legislation and practice work around TPOs in the UK (especially England).
Statutory Basis & Guidance
The Town and Country Planning Act 1990 grants powers to LPAs to make TPOs and to control works to protected trees.
In England, the Town and Country Planning (Tree Preservation) (England) Regulations 2012 set out the procedure for applying for consent, appeals, notices, and enforcement.
The Government provides a guidance document titled Tree Preservation Orders: A Guide to the Law and Good Practice, which explains how LPAs should interpret and operate TPO policies.
There is also Tree Preservation Orders: Consents for Works – A Guide for Appellants, which explains appeal procedures when consent is refused or conditions imposed.
Planning Practice Guidance also has a section on TPOs and trees in conservation areas.
Making, Varying, Revoking Orders
A local planning authority can make a TPO if it considers it “expedient” to do so in the interests of amenity. That is, the authority judges that the protection will bring a reasonable degree of public benefit either now or in the future.
When a provisional or emergency TPO is made, there is a consultation period during which objections or representations may be submitted. After this, the authority can confirm, modify, or revoke the order.
A TPO can also be varied (for example, to modify which parts of a tree are protected or the conditions) or revoked by the LPA following due process.
Applications, Consent and Appeals
If you wish to carry out work on a tree protected by a TPO, you must submit a Tree Works - Application for consent form to the LPA (or use the Planning Portal where available).
The local authority has up to 8 weeks (in many cases) to make a decision once a valid application is accepted.
If consent is granted, it may come with conditions (for example limits on timing, method of pruning, supervision).
If consent is refused, or conditions are disputed, or if the LPA fails to issue a decision within the statutory time, you (or your agent) have a right to appeal to the Planning Inspectorate / Secretary of State under Regulation 19 of the 2012 Regulations.
Appeals are governed by published guidance and have procedural rules, deadlines and fees.
Enforcement & Penalties
Carrying out work on a protected tree without consent is a criminal offence. The maximum penalties vary but typically include fines (for example up to £20,000 in many local authority policies) and in some circumstances may go to Crown Court with an unlimited fine.
In some cases, the LPA may require replacement planting or restoration to make good damage.
Because ignorance of the TPO is not normally a valid defence, it is vital to confirm that the tree is not protected before undertaking works.
Conservation Area Trees
Trees in Conservation Areas benefit from protection from works even if no TPO is in place. Under the Town and Country Planning Act 1990, you normally must give 6 weeks’ notice to the LPA of your intention to carry out works on a tree in a conservation area (if the tree’s trunk is above 75 mm diameter measured at 1.5 m above ground).
During that notice period, the authority may decide whether to issue a TPO to protect the tree fully.
If a tree already has a TPO, that order overrides the conservation area rules for that tree.
How to check Tree Preservation Orders
If you suspect a tree may be protected, or simply wish to check before undertaking any work, here are the steps you should follow. At Cedardale, we often assist clients precisely with this detective work.
1. Check your local authority’s website and mapping tools
Many LPAs now provide interactive maps or geographic information systems (GIS) that allow you to view TPO boundaries, individual protected tree locations, or conservation area overlays.
2. Search planning application records or register of TPOs
You can search your LPA’s planning portal or planning applications database for the address or road name to see if any TPOs or tree works applications have been filed. Some councils publish a Tree Preservation Order schedule or list in PDF form.
Some authorities allow you to request a copy of the TPO legal document (with plan and schedule) for an administrative fee.
3. Submit a local land charges search (especially during property conveyancing)
If you’re purchasing a property or doing formal due diligence, often your solicitor will carry out a local land charges search, which should reveal any imposed TPOs affecting the property.
4. Ask the tree officer or planning department directly
Contact your local authority’s Arboricultural or Tree Officer or Planning Department. Provide the address, location of the tree, species (if known), and ask whether the tree is subject to a TPO or whether a TPO is in force or pending.
In many cases, they will confirm status, issue a copy of the order, or advise whether a search or process is needed.
5. Check your property deeds or prior documentation
Sometimes, earlier owners or surveys note whether a tree is subject to protection. However, since TPOs can be made after the property comes into ownership, deeds are not always reliable or current.
6. Consider requesting a new assessment
If a tree seems significant, or under threat, you can ask the local authority to assess it for potential protection via a TPO themselves. Many councils accept “requests for TPOs.”
How can I tell if a tree is protected by a TPO?
Once you have gathered relevant information, there are practical clues and confirmations to help you conclude whether a given tree is under protection.
TPO documentation / schedule: The definitive way is via the legal TPO document or schedule showing tree numbers, species, location, and map. If the tree (or part of it) is listed there, it is protected.
TPO boundary map overlay: If the tree falls within the boundary of a TPO or group designated area, then it is likely covered (subject to checking the schedule).
Previous tree works applications: If the tree has had previous consented works, those records may refer to a TPO reference.
Council confirmation: If the local authority confirms in writing or via search that the tree is subject to TPO protection.
Absence of permission history: If you find no record of previous works or consent in relation to that tree, that does not conclusively prove it isn’t protected, so caution is needed.
Observational caution: If the tree is large, mature, prominent, visible from public areas, or part of an amenity landscape, there is a higher chance of protection. But this is not guaranteed.
In short: the only truly reliable test is to verify against the local authority’s legal register or TPO documentation.
Should I be pruning that tree?
Pruning is a common maintenance activity, but if the tree is protected, you must tread carefully. At Cedardale, we always recommend you follow these principles:
When pruning may require consent
If a tree is protected by a TPO (or lies in a conservation area and exceeds size thresholds), most pruning works (such as topping, lopping, reducing, thinning, branch removal, root pruning, or uprooting) require written consent from the LPA.
You should never assume that because the tree is in your garden you can freely prune it. Always check protection status first.
Exemptions and safety / emergency works
Dead or dangerous limbs: If parts are clearly dead or posing immediate danger, many LPAs permit emergency works. But responsibility lies with you (or your contractor) to demonstrate that risk existed.
Minor works that cause no harm: Some very minor pruning (e.g. removal of small diameter growth) may be considered “reasonable maintenance.” But this depends on the TPO, local authority policies, and the scale of work. Always confirm first.
Timing / seasonal issues: Even consented pruning may need to respect bird nesting seasons or other ecological constraints.
Best practice approach
Always check whether a tree is protected before planning work.
If it is, apply for consent (or arrange a notice in Conservation Areas) in good time.
Use a qualified arborist (like us at Cedardale) who understands TPO legislation, best arboricultural practices, and can present a robust application.
Be prepared for conditions or restrictions imposed by the LPA.
If consent is refused, an appeal may sometimes be an option but the outcome is uncertain.
Pruning solely for reasons like “blocking a view” or “for light” is typically less convincing in a TPO application than pruning for health, structure, safety, or regrowth control.
How Cedardale can help with Tree Preservation Orders
At Cedardale, we are not just tree surgeons we are arboricultural specialists with experience navigating TPO issues. Here is how we can help you:
1. Initial assessment and advice
If you contact us with a tree you wish to work on, we can help you check whether the tree is likely to be protected. We can review local authority mapping, check registers, liaise with the council, and advise on the probability of consent.
2. Preparation of tree works application/consent
We can prepare a full Tree Works Application (or notice in conservation area), including:
A clear description of proposed works
Photographs of the tree (whole and close-ups)
An arboricultural report if needed (showing health, structure, risk)
Justification based on tree health, benefit, or structural reasons
Liaising with the council on your behalf
Submission of the application via Planning Portal or direct to the LPA
As stated in Cedardale’s terms, where trees fall under TPO or conservation area restrictions, we normally apply for consent on the client’s behalf unless it’s not practical.
3. Negotiation & conditions
If the local authority imposes conditions or requests modifications, we can negotiate and advise you on how to adapt the scheme appropriately to gain approval. Our experience with councils helps anticipate typical concerns.
4. Supervised works & compliance
Once consent is granted, we can carry out the approved works in strict accordance with the conditions, ensuring no deviation. We can also recommend best practices (pruning techniques, times of year, arboricultural safety) to minimise impact on tree health.
5. Appeals and disputes
If a tree works application is refused or conditions are unacceptable, we can help you evaluate the merits of an appeal to the Planning Inspectorate, prepare the appeal submission, and represent your interests. (Appeals must follow strict deadlines and formats under Regulation 19).
6. Replacement planting and restoration
In cases where the local authority demands replacement planting, we can propose and implement suitable replacement species (with appropriate size, location and aftercare) to meet planning obligations.
7. Ongoing consultancy support
If you are managing multiple trees, a property with many mature specimens, or a development site, we can provide ongoing arboricultural consultancy; advising on conservation, planning, risk assessments, and tree strategy including TPO considerations.
In short: when it comes to TPOs, Cedardale are your knowledgeable partner to steer you safely through the legal, technical and procedural challenges.
Contact Cedardale About Tree Preservation Orders
If you are considering any tree work (pruning, removal, or even moderate maintenance) and want to be sure you do everything legally and responsibly, contact us at Cedardale. We’ll advise you on whether a TPO applies, prepare any necessary applications, and carry out agreed work in compliance with the law. We look forward to helping you protect trees safely and smartly.
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