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A Tree Preservation Order (TPO) can be placed on any species of tree, regardless of size or type, as long as a local planning authority deems it to have sufficient amenity value to the surrounding area. There is no definitive list of qualifying species, meaning any tree, from a mature oak to an ornamental cherry, can be protected if the council believes its removal or damage would have a negative impact on the local environment.
What Trees Can You Put a TPO On?
Any tree can technically receive a TPO, but local planning authorities do not hand them out arbitrarily. The decision is guided by what is known as “amenity value,” which considers whether the tree makes a meaningful contribution to the local landscape, whether it is visible from public spaces, and whether its loss would have a noticeable negative impact on the area’s character.
In practice, the trees most commonly protected by TPOs tend to share a few characteristics. They are often mature specimens that have taken decades to reach their current form, trees with significant visual presence on a street or in a public-facing garden, or trees that form part of a wider ecological habitat for wildlife. Ancient or veteran trees, those with unusual shapes, rare species, or trees with known historical or cultural significance are also strong candidates for protection.
It is worth noting that groups of trees and woodlands can be covered under a single TPO, not just individual specimens. A council may issue what is called a “group order” or a “woodland order” when an entire collection of trees needs protecting rather than one specific tree. This is common in areas where developers have shown interest in a site, as councils will act quickly to safeguard the existing tree stock before planning applications change the landscape.
| Tree Type | Commonly Protected? | Reason |
|---|---|---|
| Mature oak, beech, ash | Yes | High amenity and ecological value |
| Ancient or veteran trees | Yes | Historical significance and rarity |
| Street trees | Yes | Visual contribution to public spaces |
| Ornamental garden trees | Sometimes | Visibility and landscape impact |
| Young saplings | Rarely | Limited amenity value at this stage |
| Hedgerows | Rarely | Separate legislation usually applies |
How Do I Get Permission to Trim a Tree With a TPO?
If you want to carry out any work on a tree covered by a TPO, including pruning, trimming, or any work that affects the tree’s form, you are legally required to apply for consent from your local planning authority before any work begins. This applies even to relatively minor operations like removing a single branch. The only exception to this is where the tree poses an immediate risk of danger, though even in these cases you should notify the council as soon as possible and only do what is strictly necessary to remove the hazard.
The application process itself is handled through the local council, and in England this is done via the Planning Portal. You will need to submit a written description of the work you want to carry out, along with supporting information such as a map identifying the tree, details of why the work is needed, and in many cases a supporting report from a qualified arborist. If your reason for the work is the health of the tree or a genuine safety concern, having a professional arboricultural report to back up your application will significantly strengthen your case.
Once submitted, the council has eight weeks to make a decision. They may approve the works in full, approve them with conditions (for example, requiring replacement planting), or refuse consent entirely. If consent is refused and you believe the decision was unreasonable, you have the right to appeal. It is also worth knowing that councils can add conditions to any consent they do grant, such as requiring that pruning is carried out to a specific British Standard, which is typically BS 3998 for tree work.
| Stage | What Happens | Who Is Responsible |
|---|---|---|
| Before work | Submit TPO consent application | Tree owner or agent |
| Supporting evidence | Arboricultural report recommended | Qualified arborist |
| Council review period | Up to 8 weeks for a decision | Local planning authority |
| Decision | Approved, approved with conditions, or refused | Local planning authority |
| If refused | Right to appeal the decision | Tree owner |
| Emergency works | Notify council immediately after | Tree owner |
Looking for some help with TPO-related questions or issues? Speak with a member of our Professional TPO experts here
How Can You Tell if a Tree Has a TPO on It?
One of the most common points of confusion for homeowners is simply not knowing whether a tree on or near their property is protected. Unlike a physical sign nailed to a trunk, TPOs are not always obvious from looking at the tree itself. The protection exists on paper, held within the council’s records, which means the responsibility to check falls almost entirely on the property owner or occupier.
The most reliable way to check is to contact your local planning authority directly. Most councils in England now have an online TPO map or register accessible through their website, where you can search by address or postcode and see whether any trees on or adjacent to your land are subject to an order. If your council does not have this information online, a phone call or email to the planning department will get you an answer.
It is also worth checking when you are buying a property. During the conveyancing process, solicitors routinely carry out local authority searches that will flag up any TPOs registered against the land. If you are moving into a property with established trees in the garden, this is the moment to find out about any restrictions before you inherit a legal obligation you were unaware of. If you are already in a property and are unsure, checking now is always better than finding out after work has been carried out.
Beyond formal checks, there are a few practical signs that a tree may be protected. If the tree is particularly large, mature, or prominent, or if it sits within a conservation area (where different rules apply to all trees above a certain size), there is a stronger chance it carries some form of legal protection. However, these are only indicators, not confirmation, and a formal check is always the right approach before planning any tree work.
Is It Illegal to Cut Down a Tree With a TPO?
Yes, cutting down, uprooting, or carrying out any work that would cause wilful damage or destruction to a tree protected by a TPO without consent from the local planning authority is a criminal offence. This is set out under the Town and Country Planning Act 1990, and it applies regardless of whether the tree is on private or public land. Ignorance of the order is not a valid legal defence, which is why checking before you act is so important.
The penalties for breaching a TPO are significant. In England, a person found guilty of deliberately destroying a protected tree can be fined up to £20,000 in a magistrates’ court. Where the offence is particularly serious, or where the work was carried out in connection with a planning breach, the case can be referred to the Crown Court, where there is no upper limit on the financial penalty. Courts are also required to take into account any financial benefit the offender gained from the removal of the tree, which means developers who remove protected trees to clear a site for construction can face very substantial fines.
It is also worth understanding that liability does not disappear if you sell the property after the offence has taken place. Enforcement action can be taken against whoever carried out the work, and the council may also require replacement planting as a condition of any subsequent planning consent. This can create complications that affect the value and marketability of the land for years afterward. If you are unsure about any tree on your property, taking the time to check is the only sensible course of action.
Final Thoughts on Can a TPO Be Put on Any Tree?
Tree Preservation Orders exist to protect trees that genuinely matter to the character and ecology of our towns, villages, and countryside. While any tree can technically receive one, the process is targeted at those that councils have assessed as having real value to the wider community, not just to the individual landowner. Understanding this distinction is useful because it helps you appreciate that a TPO is not designed to be punitive; it is a planning tool used to preserve something that benefits everyone in the area.
For homeowners, the practical reality of TPOs is fairly straightforward to manage as long as you take the right steps. Check whether your trees are protected before you plan any work, submit the correct application through your local council when consent is needed, and work with a qualified arborist who understands the process. The system does allow for necessary and proportionate tree work to be approved, and councils are not in the business of refusing reasonable applications with legitimate reasons behind them.
Where homeowners get into serious difficulty is when they skip these steps entirely, either out of impatience, ignorance of the law, or the mistaken belief that trees on their own land are entirely theirs to do with as they wish. A protected tree carries legal obligations that do not disappear with ownership, and the financial and legal consequences of getting it wrong can be severe and long-lasting.
14 Frequently Asked Questions About Tree Preservation Orders
What is a TPO on a tree?
A TPO, or Tree Preservation Order, is a legal protection placed on a tree or group of trees by a local planning authority to prevent them from being cut down, damaged, or altered without permission. Once a TPO is in place, any pruning, felling, topping, lopping, or root cutting requires formal approval from the local council before any work can begin.
How long does a TPO last on a tree?
When first issued, a TPO enters a provisional period of up to six months. If no objections are raised and the council is satisfied that protection is warranted, the order becomes permanent after this period. A permanent TPO has no expiry date and remains in force for the lifetime of the tree.
Does a TPO transfer to a new owner when a property is sold?
Yes. A TPO stays with the land rather than the owner, which means it transfers automatically to the new owner upon sale. The new owner takes on full responsibility for compliance, whether or not they were aware of the order when purchasing the property.
Can a TPO be revoked or modified once it is confirmed?
Yes, a council can modify or revoke a TPO at any time if circumstances change significantly, though this is relatively rare. In most cases, once confirmed, a TPO remains in force for the lifetime of the tree. An emergency TPO can also be issued on the same day if a tree is at imminent risk.
How do I find out if a tree has a TPO on it?
The most reliable starting point is your local planning authority. Most councils in England now publish an interactive online map or GIS planning portal where you can search by address or postcode to view protected trees. If your council does not have an online map, you can contact the planning department directly and request a search of the Land Charges Register, which will show any registered TPOs attached to the property.
Does living in a conservation area affect tree protection?
Yes. Trees within a conservation area carry similar restrictions to a TPO even without a formal order in place. You must give the council at least six weeks notice before carrying out any works on a qualifying tree in a conservation area. If the council or a third party raises concerns during that notice period, a TPO can be placed on the tree at that point.
What happens if a tree with a TPO dies?
A TPO does not become void when a tree dies. Even if a protected tree dies naturally, the landowner must give the council at least five working days notice before carrying out any removal works. In a genuine emergency where the tree presents an immediate hazard, works can begin without prior notice, but the council must be informed as soon as reasonably possible afterwards.
Do I have to replace a TPO-protected tree if it is removed?
Yes. When a protected tree is felled, whether due to death, disease, or danger, the landowner takes on a legal duty to plant a replacement tree of an appropriate species and size in the same location as soon as reasonably practicable. Once planted, the replacement tree is automatically covered by the original TPO, regardless of the species chosen.
Can you get permission to remove a tree with a TPO?
Yes. A TPO does not make a tree completely untouchable. A formal application must be submitted to the local planning authority, which is assessed by the council’s tree officer. There is no application fee for this process in England, and the council is required to determine the application within eight weeks. If permission is refused, the applicant has the right to appeal to the Planning Inspectorate.
What are acceptable grounds for a TPO removal application?
Grounds most likely to support a successful application include evidence that the tree is dead, dying, or poses a clear and demonstrable safety risk, root damage causing significant structural problems to buildings, or where planning permission for a development already in place requires the tree’s removal. Applications based purely on personal preference, inconvenience, or aesthetic reasons are far less likely to succeed.
Does planning permission override a TPO?
Yes, in cases where planning permission has been granted for a development on a site that includes a TPO-protected tree, the planning permission takes precedence over the TPO, meaning the tree can be removed to facilitate the development. However, the council would have considered the tree’s presence when assessing the planning application, and replacement planting is typically required as a condition.
How quickly can an emergency TPO be issued?
An emergency TPO can be issued on the same day if a tree is at imminent risk of removal or damage. If you are aware of a tree that is under immediate threat, contacting the council tree officer directly and clearly explaining the urgency gives the local authority the best chance of acting swiftly. Community involvement, such as encouraging others to raise objections, can also make a real difference.
What should I do before carrying out works on a TPO tree in an emergency?
Where a genuine emergency exists, you may carry out only the minimum works necessary to remove the immediate hazard without prior consent. However, you must inform the council as soon as reasonably possible after the event. It is strongly advisable to photograph the condition of the tree and gather any relevant documentation before works begin, in case questions are raised later.
Who assesses a TPO consent application and what do they consider?
Applications are assessed by the council’s tree officer, who will consider the condition of the tree, its amenity value, the reason given for the works, and whether less drastic management options might be appropriate. A qualified arboriculturist can assist in preparing a strong application, particularly where works are necessary on health or safety grounds.