TPOs & Conservation Areas: what you can and can't do

In short: if a tree has a Tree Preservation Order, or sits within a Conservation Area, you generally cannot cut it down, top, lop or uproot it without your local council's consent, regardless of whether the tree is on your own land. There are narrow exemptions for dead, dying or dangerous trees, covered below, but everything else needs a check first.

If you own or manage land that people, staff, tenants, pupils, the public, can get near, the law does put a duty on you. Here's what the two types of protection actually mean.

A TPO is an order made by your local planning authority to protect a specific tree, group of trees or woodland. Where one is in place, it is an offence to cut down, top, lop, uproot, wilfully damage or destroy the tree without the council's written consent. Liability isn't limited to the person who owns the tree, whoever carries out the work, or causes or permits it, can be prosecuted, so a landowner, tenant and contractor can all be on the hook for the same job. If you hire someone, don't assume their word is enough, ask to see the consent yourself.

Even without a TPO, trees in a Conservation Area are protected. If a tree has a stem diameter of more than 75mm (measured at 1.5m from the ground), you must give the council six weeks' written notice before carrying out any work. This gives them the opportunity to consider making a TPO. Doing the work without notice is an offence.

Some councils publish an interactive map showing TPOs and Conservation Area boundaries, worth a search first. But mapping data isn't always current or complete, so if you're not certain, call your local planning authority's tree or planning department directly, they hold the TPO register and can confirm in one call. It's free, and it's the only way to be certain before you cut.

There are limited exemptions, but they are narrow and frequently misjudged:

"Dead, dying or dangerous" is far easier to get wrong than most people expect, and the burden of proof falls on you. A professional assessment protects you if your decision is ever questioned.

The two protections work differently, and it matters which one applies to your tree:

TPO tree: you submit a free application for the council's consent, on the standard form, with a plan identifying the tree, a clear description of the work proposed, and your reasons for it. If you're asking to fell, include your proposals for a replacement tree. They can grant it, grant it with conditions, or refuse it. In many cases they aim to decide within 8 weeks, but that's not a hard deadline, and going past it does not mean the work is approved, it just gives you the right to appeal to the Secretary of State for non-determination. The council can still issue a decision after 8 weeks, as long as you haven't already lodged that appeal, once an appeal is outstanding, they lose the ability to decide it themselves. Either way, you need an actual decision (or a successful appeal) before you touch the tree.

Conservation Area tree with no TPO: you submit a section 211 notice, not an application, the council can't refuse it or attach conditions. They can only decide whether to make a new TPO within the six weeks, or let the notice period run out, after which the work can go ahead.

Once consent is granted, it's normally valid for 2 years, if you haven't done the work by then, you'll need to reapply.

This guide covers the law in England (Town and Country Planning Act 1990). Wales has its own, broadly similar tree preservation regime, if your tree is over the border, check with your local Welsh planning authority, as the detail can differ.

This guide is general information, not legal advice. Always confirm the current position with your local planning authority before carrying out work on any tree.