Tree Preservation Orders

1. What is a Tree Preservation Order? 

A Tree Preservation Order, or TPO, is a legal mechanism used by a local planning authority (often the local council) to protect a specific tree or group of trees from deliberate damage and destruction. This could include felling, lopping, topping, uprooting or otherwise willful damage.

A TPO can be placed on any tree, including hedgerow trees but not hedgerows themselves. It can also apply to woodland, although this is less common. TPOs are generally used for urban and semi-urban settings, and for trees with high ‘amenity’ or ‘nature conservation value’.

2. How does a TPO protect trees and woods?

If a tree or wood is protected by a TPO or is in a conservation area, anyone wishing to carry out management work - including pruning or removal - will need to get permission from the local planning authority (usually the local council).

Failure to obtain permission before carrying out work on a protected tree can result in prosecution, with fines of up to £20,000 in a magistrates’ court. Serious cases may be taken to trial in the crown court and offenders could face an unlimited fine if convicted.

3. How do I get a TPO on a tree or wood?

If you want to place a TPO on a tree or wood, contact the council and ask to speak to the tree officer, or person at the council with the same powers. Make them aware of why you feel the tree needs to be protected. Usually TPOs are placed on a tree or wood deemed to be a local amenity.

4. What does amenity mean?

‘Amenity’ is not defined in law, so authorities need to exercise judgment when deciding whether it is within their powers to make an Order. They may consider:

• the extent to which the tree(s) can be seen by the public, though visibility alone isn’t enough to warrant a TPO.
• importance of the tree(s) or woodlands characteristics, such as:
  • size and form
  • future potential as an amenity
  • rarity
  • cultural or historical value
  • contribution to, and relationship with, the landscape
  • contribution to the character or appearance of a conservation area.
• other factors, like importance to nature conservation or response to climate change.

If you believe the tree is at imminent risk of removal, you should highlight this in your application and explain the urgency to the council. Councils can issue emergency TPOs if necessary.

Remember, making a TPO is a discretionary power. The council does not have to place a TPO on any tree, but has a duty to enforce it when it does.

The Woodland Trust is usually unable to help get a TPO placed on a tree.

5. What are the timescales?

Within the first six months of a TPO it can be confirmed or terminated at any time. It can also be modified during this time, although you can’t add more trees to the TPO in this time period. If more trees need to be added, a new TPO will usually be created by the council.

If no objections are received after six months, the TPO becomes permanent. A works to trees application must then be submitted to the council before any works can legally be carried out.

6. Someone wants to fell a tree that already has a TPO - what can I do to protect it?

If someone wants to fell a tree that’s already protected by a TPO they must submit an application to the council to do so. This application will have a consultation period attached, which is the perfect opportunity for you to contact the council and submit your objection.

Consider getting the local community involved. Encourage as many people as possible in your local area to contact the council and object to the proposed removal of the tree.

7. A tree with a TPO on it has been felled. Should another tree be planted?

Yes. If a tree has been felled which is protected by a TPO the landowner has a duty to replace the tree. This is also true if the tree is dead, dying or has become dangerous.

The landowner must plant another tree:

1. of an appropriate size and species,
2. at the same place,
3. as soon as they reasonably can.

If the land is sold before the landowner has replanted the tree, this duty passes to the new owner.

When the tree is replaced it is covered by the original TPO no matter what the new species is. The council will usually update the TPO to make sure it covers any slight changes to the location or changes to the species.

8. Why can a tree with a TPO be felled for a development?

If planning permission is granted for a site and the felling of a tree protected by a TPO is included in the application, then planning permission outweighs any protection that the TPO may have offered. However, in considering the application plans, the council would need to consider any possible design changes that would allow the tree to remain. If a tree protected by a TPO does need to be felled, the landowner has a duty to replace the tree.

If you believe that the tree is at risk of being felled contrary to the conditions of a planning permission, contact the council's planning enforcement team to investigate the matter further and ensure compliance with the planning conditions.

9. How can I find out if a tree has a TPO?

To see if a tree is already protected, try checking local authority maps, government maps and inventories for ancient woods and ancient trees​. Read more detail in our blog on protected trees.

10. Where can I find more information?

Read more on TPOs and conservation areas at GOV.UK. You may also wish to consult professional legal advice, such as Tree Law. If you have concerns about tree preservation, contact your local council or a professional arboriculturist.

You can also tell us about a threat to a tree, group of trees or woodland.