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Felling a tree with a Tree Preservation Order (TPO) without the correct permission is a serious legal matter that can result in criminal prosecution and significant fines. In most cases, you must apply to your local council for consent before carrying out any works, and failing to do so can have lasting consequences for both you and your property.
What Happens if a Tree With a TPO Falls Down?
If a tree with a TPO falls down naturally, for example due to a storm, high winds, or severe weather, you are generally not in breach of the order simply because the tree has fallen. However, there are important steps you need to take and rules you need to follow when dealing with the aftermath.
If the fallen tree poses an immediate risk of serious harm to people or property, you can carry out works to make the situation safe without prior approval. However, you should notify your local council in writing as soon as possible after the work becomes necessary. It is strongly advised that you take photographs and videos of the scene before any works begin, as this creates a clear record showing the condition of the tree and the reason works were required.
It is worth noting that even though the tree has fallen, it may still be protected under the TPO. This means you cannot simply dispose of the wood or clear the area without checking with your council first. Some local authorities will require you to replace a fallen protected tree with a new one of a suitable species and size, so it is always best to contact your council promptly to understand your specific obligations.
| Scenario | Do You Need Council Approval? | Action Required |
|---|---|---|
| Tree falls in a storm | No, if immediate danger | Notify council ASAP in writing |
| Tree falls but poses no immediate risk | Yes | Contact council before clearing |
| Tree is leaning dangerously but still standing | Notify council | Only carry out essential safety works |
| Tree collapses onto a building | No, for immediate safety works | Notify council as soon as possible |
Is It a Criminal Offence to Cut Down a Tree With a TPO?
Yes, cutting down a tree with a TPO without the proper consent from your local council is a criminal offence under the Town and Country Planning Act 1990. This applies whether you are the homeowner, a contractor, or any other party who carries out the works. Ignorance of the TPO is not considered a valid defence, which is why it is so important to check before instructing any tree surgeon to carry out removal works.
The penalties for this offence can be severe. If convicted in a Magistrates Court, you can face an unlimited fine. Courts are required to take into account the financial benefit gained from the unlawful felling when setting the level of the fine, meaning that if the removal of the tree increased the value of your property or opened up land for development, this will be factored in. In some cases, proceedings can be taken in the Crown Court, where penalties can be even more substantial.
Beyond the fine itself, local councils also have the power to require you to plant a replacement tree of a similar species and size at your own expense. Refusing to comply with this replacement notice can lead to further legal action. The reputational and financial impact of being prosecuted under planning law is significant, and it is almost always far simpler and cheaper to apply for permission through the proper process before any works take place.
Looking for some help with TPO-related questions or issues? Speak with a member of our Professional TPO experts here
How Much Can You Cut Off a Tree With a TPO?
This is one of the most common questions homeowners have when they discover their tree is protected. The short answer is that any works to a TPO tree, including pruning, trimming, or reducing, require prior written consent from your local council unless there are very specific exceptional circumstances in place.
You cannot simply trim back branches or reduce the canopy because you feel it has grown too large or is blocking light to your property. Even minor pruning works require an application to the council, and you will need to clearly specify the works you are proposing and provide a justification for them. The council will then assess the application and may approve it, refuse it, or approve a modified version of the works.
There are some limited exceptions where minor works may be permissible without consent, such as removing dead branches or carrying out works that are immediately necessary for safety reasons. However, outside of these specific situations, even cutting a small number of branches without approval could leave you open to prosecution. If you are unsure about what is and is not permitted, always consult your local planning authority or speak to a qualified arborist before proceeding.
| Type of Work | Requires Council Consent? | Notes |
|---|---|---|
| Full tree removal | Yes | Unless exempt circumstances apply |
| Crown reduction | Yes | Must submit full application |
| Canopy thinning | Yes | Justification required |
| Removing dead branches | No | Works must be necessary and proportionate |
| Emergency safety works | No | Council must be notified promptly |
| Pruning to improve shape | Yes | Cannot be done without permission |
What Happens if You Trim a Tree With a TPO?
Trimming a tree with a TPO without the relevant council consent carries the same legal risks as felling it outright. Many homeowners are surprised to learn this, assuming that because they are not removing the entire tree they are not breaking any rules. This is a common and potentially costly misconception.
If you trim a TPO tree without consent and this comes to the attention of your local planning authority, you could face prosecution in the same way as if you had felled the tree entirely. Enforcement officers do investigate reports of unauthorised works to protected trees, and complaints from neighbours or members of the public are a common way these cases come to light. The fact that the tree is still standing does not protect you from prosecution if unauthorised works have been carried out.
The process for getting permission to trim a TPO tree is the same as for any other works. You need to submit an application to your local council describing the works you wish to carry out, the reasons for them, and ideally supporting evidence if relevant, such as a report from a qualified arborist. Most councils aim to give a decision within eight weeks. If the works are genuinely necessary and proportionate, there is a reasonable chance permission will be granted, but you should never assume and always wait for the written decision before instructing anyone to start work.
Final Thoughts On What Happens If You Fell a Tree With a TPO
Felling or carrying out any works to a tree with a Tree Preservation Order without the correct consent is not a grey area. It is a criminal offence with real consequences, including unlimited fines, replacement orders, and a permanent record of a planning enforcement breach. The law exists to protect trees that contribute significant amenity value to their local environment, and councils take breaches seriously.
The good news is that the process for applying for consent is straightforward in most cases. Whether you want to remove a tree, reduce its canopy, or carry out any other works, submitting an application to your local council gives you a clear legal route to getting the work done properly. A qualified arborist can help you put together a strong application and provide the supporting evidence a council is likely to need.
If you are ever unsure about whether a tree on your property is protected, you can check with your local planning authority or search your council’s online mapping tools. Finding out before you instruct any works is always the right move. Acting first and asking questions later is a risk simply not worth taking when the penalties are this significant.
Frequently Asked Questions
What is a Tree Preservation Order?
A TPO is a legal order made by a local planning authority to protect specific trees or groups of trees in the interest of public amenity.
Can I remove a TPO tree if it is dead?
If the tree is dead and poses an immediate risk, you may remove it without prior consent, but you should notify your council in writing beforehand or as soon as possible.
Who is responsible if a TPO tree falls on my property?
Liability depends on ownership and negligence, but the tree owner is generally responsible if they knew the tree was unsafe and failed to act.
Do I need permission to remove a TPO tree if I have planning permission to build?
Yes, but the planning permission for the development should reference the tree, and in this case the TPO is effectively overridden.
How long does a TPO application take?
Most councils aim to provide a decision within eight weeks of receiving a valid application.
Can a contractor be prosecuted for felling a TPO tree?
Yes, both the landowner and the contractor who carries out the works can face prosecution.
Can I appeal if my TPO application is refused?
Yes, you can appeal a refusal to the Planning Inspectorate within 28 days of the decision.
Does a TPO expire?
No, a TPO does not expire and remains in force permanently unless it is revoked by the local planning authority.
Can a neighbour report me for trimming a TPO tree?
Yes, members of the public can report suspected unauthorised works to protected trees to the local planning authority.
What is the difference between a TPO and a conservation area?
Both protect trees, but in a conservation area you must give six weeks written notice before carrying out works, whereas a TPO requires a formal application and approval.
Can I prune roots of a TPO tree?
Root pruning is considered works to a TPO tree and requires council consent in the same way as above ground pruning.
Does a TPO apply to all tree species?
Yes, any species of tree can be protected by a TPO regardless of its age, size, or species.
What evidence do I need when applying to work on a TPO tree?
Supporting evidence such as an arborist report, structural survey, or photographic evidence of damage or disease will significantly strengthen your application.
Can a TPO be removed from a tree?
Yes, a landowner can apply to the local authority to have a TPO revoked, though this is rarely granted unless there is a clear justification.