Tree Preservation Orders in England: What They Prohibit, Applying for Consent, Conservation Area Notices and Appeals

Cutting down or pruning a tree can be a criminal offence if the tree is protected. In England a council can protect trees by a Tree Preservation Order, and trees in a conservation area have a separate notice system. Part VIII of the Town and Country Planning Act 1990 applies in England and Wales, but the detailed government guidance summarised here is for England; Wales has its own procedures, and Scotland and Northern Ireland have separate laws. This is general information, not legal advice.

What a Tree Preservation Order does

Government guidance explains that a Tree Preservation Order is made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. It prohibits cutting down, topping, lopping, uprooting, wilful damage and wilful destruction without the authority’s written consent. In the Secretary of State’s view, cutting roots is also prohibited and needs consent. Consent can be subject to conditions that must be followed.

An Order takes effect on the day the authority makes it. That provisional effect lasts for six months, unless the authority first confirms the Order or decides not to. The guidance says there is no right of appeal to the Secretary of State against the making or confirming of an Order; the appeal right described below concerns applications for work.

What the owner remains responsible for

The guidance says that owners of protected trees must not carry out, or cause or permit, any prohibited activity without written consent. Owners remain responsible for maintaining their trees, and there are no statutory rules on how often or to what standard. A council cannot require maintenance work merely because a tree is protected.

Applying for consent to work on a protected tree

An application is made on the standard form published by the Secretary of State, available through the Planning Portal or from the authority. The council assesses the impact of the proposal on the amenity of the area and whether the proposal is justified, and it must be clear about the work it allows and any conditions. Where consent is refused or granted with conditions, compensation may be payable by the council in some circumstances, so the guidance says the authority should weigh foreseeable loss alongside other considerations.

If the council has not decided the application within eight weeks of receiving it, the applicant may appeal on grounds of non-determination. The council may still issue a decision after eight weeks but cannot decide the application once an appeal has been made and remains outstanding.

Exceptions: dead trees and immediate risk

For a dead tree, the guidance says five working days’ prior written notice must be given to the authority before cutting it down or carrying out other work, unless the work is urgently necessary because of an immediate risk of serious harm. Consent is not required. The guidance says removing dead branches from a living tree needs neither notice nor consent. Where a tree presents an immediate risk of serious harm, written notice must be given as soon as practicable, and the work must go no further than necessary to remove the risk.

Where a tree outside a woodland classification is removed under either exception, the landowner has a duty to plant a replacement. Consent is also not needed for the minimum work necessary to prevent or abate a nuisance in the legal sense, meaning one actionable in law where actual damage is occurring or immediately likely.

Trees in a conservation area

Section 211 of the 1990 Act makes it an offence to do work that a Tree Preservation Order could prohibit on a tree in a conservation area that is not protected by an Order. It is a defence to show that notice of the intended work was given to the local planning authority, with enough detail to identify the tree, and that the work was done with the authority’s consent, or after six weeks from the date of the notice but before two years from that date.

Penalties

Under section 210, it is an offence to cut down, uproot or wilfully destroy a tree in contravention of an Order, or to wilfully damage, top or lop a tree in a way likely to destroy it, or to cause or permit any of those acts. The penalty on conviction is a fine, and the court must have regard to any financial benefit that has accrued or appears likely to accrue from the offence. Section 210 applies in England and Wales. Other breaches of the Order carry a fine of up to level 4 on the standard scale on summary conviction.

Related neighbour issues

A protected tree that overhangs a boundary raises separate questions. This site’s guides to boundary disputes and high hedges explain the position for boundaries and hedge complaints.

FAQs

Do I need consent to prune a protected tree?

Yes. Topping and lopping are prohibited activities without the authority’s written consent, which may be granted subject to conditions.

Can I appeal if the council refuses consent?

Yes. Guidance says an applicant can appeal to the Secretary of State against a refusal, a grant subject to conditions, or a failure to decide within eight weeks.

What about a tree in a conservation area with no Order?

Section 211 requires notice to the council, and work can proceed with consent or after six weeks from the notice, within two years.

Is tree work always an offence if the tree is protected?

No. The guidance sets out exceptions, including dead trees on five working days’ notice and immediate risk of serious harm, each with its own conditions.

The bottom line

Protected trees in England cannot be cut, topped, lopped, uprooted or damaged without the council’s written consent, and trees in a conservation area need six weeks’ notice. An applicant can appeal a refusal, a conditional grant or a delay beyond eight weeks. Checking whether an Order or conservation area status applies before any work begins avoids the fines described in section 210 of the 1990 Act.