Tree Works & Planning: TPOs, Conservation Area Consent & Crown Reduction

Quick Answer: Trees protected by a Tree Preservation Order (TPO) cannot be cut, pruned, lopped, or felled without prior written consent from the Local Planning Authority. In a Conservation Area, all trees with a stem diameter over 75mm (measured 1.5m from ground) are protected by default — a Section 211 notice to the council is required minimum 6 weeks before any work. Breach of a TPO is a criminal offence with an unlimited fine. Consult a certified arborist (ISA or RFS qualified) before any significant tree work.

Summary

Trees are protected under two main routes in England: specific protection via a Tree Preservation Order (TPO), or general protection in a Conservation Area. Both require the Local Planning Authority's involvement before work can proceed, and both carry criminal sanctions for breach.

For tradespeople — landscapers, builders, groundworkers — encountering trees on site, the default position should be: if in doubt, do nothing and consult the local planning authority. The financial penalties for unlawful tree removal can far exceed the cost of replanting and remediation.

Beyond planning, tree works require competence. Arboriculture is a skilled discipline; felling large trees near structures and services requires specialist training, appropriate equipment, and formal qualifications (NPTC/Lantra certificates for chainsaw use). Most significant tree works should be contracted to a qualified arborist.

Key Facts

Quick Reference Table

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Protection Type Which Trees Required Action Penalty for Breach
TPO Specifically protected trees (any size) Written consent from LPA Unlimited fine
Conservation Area All over 75mm diameter Section 211 notice 6 weeks in advance Unlimited fine
Unprotected (outside CA) Not protected No planning requirement N/A
Felling licence required Commercial felling >8cm Apply to Forestry Commission Prosecution
Tree Work Type Description TPO/CA Consent Required?
Crown reduction Reduce overall crown size Yes
Crown lifting Remove lower branches Yes
Crown thinning Selective internal branch removal Yes
Deadwood removal Remove dead branches Usually no (maintenance work)
Emergency works (danger) Immediate risk to public safety No — document and notify LPA after
Root pruning Cutting roots during foundation work Yes (if tree protected)

Detailed Guidance

Checking TPO Status

Before any tree work on a site:

  1. Contact the Local Planning Authority (planning department) to check TPO status — phone or use the online planning search on the council's website
  2. Check the council's planning mapping portal — most councils now show TPOs on GIS map systems
  3. If the tree is in a Conservation Area, apply the Conservation Area default protection to all trees over 75mm diameter
  4. If in doubt, ask the council's Tree Officer

Tree Officers are the LPA employees who manage TPO applications. They are usually helpful for legitimate enquiries about what work is permitted. A pre-application conversation costs nothing and can save significant problems later.

TPO Consent Application

To work on a TPO-protected tree:

  1. Identify the tree (TPO number and tree number from the LPA records)
  2. Prepare a specification of the works required (preferably prepared by an arborist)
  3. Submit a TPO consent application to the LPA (available online via Planning Portal)
  4. LPA has 8 weeks to determine the application
  5. Works can begin once written consent is received (not before — verbal agreement is not sufficient)
  6. Conditions may be attached to the consent (e.g., timing restrictions to avoid bird nesting season, or replacement planting requirements)

Conservation Area Section 211 Notice

In a Conservation Area:

  1. Give written notice to the LPA (Section 211 notice) at least 6 weeks before starting work
  2. Include: location of tree, description of works proposed, reason for works
  3. The LPA has 6 weeks to:
    • Consent (explicitly or implicitly by not responding)
    • Refuse (you cannot proceed without further appeal)
    • Serve a TPO (tree is then protected under TPO rules)
  4. After 6 weeks with no TPO served and no refusal, works can proceed

Bird nesting seasons: Do not carry out any tree works that would disturb active bird nests. Birds are protected under the Wildlife and Countryside Act 1981. The main nesting season is March–August, but some species nest earlier or later. Pre-work inspection by an ecologist or experienced arborist is good practice for significant works.

Crown Reduction — What It Means

Crown reduction is often misunderstood. It is NOT:

Crown reduction IS:

Before specifying crown reduction:

Root Proximity to Buildings

Tree roots extend significantly beyond the crown radius — typically 1–1.5× the crown spread. In clay soils, roots can cause subsidence by moisture extraction.

Before removing a tree near a building:

  1. Get a structural engineer assessment of foundation condition
  2. Consider that tree removal on clay soils causes heave (clay rehydrates) which can be more damaging than root-caused subsidence
  3. In many cases, crown reduction to reduce root zone moisture demand is preferable to removal

During foundation and drainage work near trees:

Chainsaw Qualifications

Any chainsaw operation requires appropriate NPTC/Lantra qualification:

Unqualified chainsaw use is an HSE offence for commercial operators. Even for domestic DIY, the risks are significant — chainsaw injuries are among the most serious in construction.

Frequently Asked Questions

A tree has fallen and is blocking the driveway. Can I just remove it?

Yes — emergency works to remove an immediate hazard are exempt from TPO consent requirements. However, you must notify the LPA as soon as reasonably practicable after carrying out the works, and must keep any logs/debris in case the LPA wishes to inspect. Do not use "emergency" as a pretext to remove trees opportunistically.

Can a customer insist I remove a protected tree?

No. You cannot carry out works on a protected tree without consent, regardless of what the customer asks. Explain the situation, advise them to contact the LPA, and do not proceed. You could face prosecution even if following customer instructions.

How do I find out if a tree has a TPO on it without going to the council?

Most councils publish their TPO register online — search the council's planning portal for "TPO register" or "tree preservation orders." Many councils also have GIS mapping systems that show TPO locations. If you can't find it online, call the planning department and ask.

Regulations & Standards