If you work in the agricultural or woodworking sector, or you own property that contains one or more trees, you might be interested to know that not every tree is free to work on. Across the UK, some trees are protected by law under Tree Preservation Orders, but, like most things with trees, this can be a noodly and confusing topic.
In this blog, we’re going to break down everything there is to know about these Orders, starting with the big question: what is a Tree Preservation Order?
A Tree Preservation Order (TPO) is an Order from the local authority which prohibits specific, individual trees or groups of trees from being cut down, topped, or uprooted. Trees can be nominated for protection by the public or authorities, but the authority makes the final decision.
Keep reading to learn about the reasons trees are selected for protection, as well as how to find out which trees are under a Tree Preservation Order
Tree Preservation Order Definition
A Tree Preservation Order is a written Order from the local authority prohibiting specific actions being taken against protected trees. These actions include:
- Cutting down
- Topping
- Lopping
- Uprooting
- Wilfully damaging
- Wilfully destroying
It is an offence to act in any of the listed ways against a tree without first obtaining written permission from the local authority which issued the Tree Preservation Order.
What Can Be Protected By a Tree Preservation Order?
A Tree Preservation Order can protect anything that may be ordinarily classed as a tree. An Order isn’t limited to one tree; a TPO can include:
- Individual trees (of any size or species)
- Trees in an area
- Groups of trees
- Entire woodlands
If a Tree Preservation Order is placed on a woodland, it also protects trees and saplings in the specified boundaries that grow naturally or are planted after the Order was given.
Who Owns the Trees?
If a tree is growing on land you own, you own that tree. If the base of a tree is growing on the boundary of multiple properties, it is owned by both property owners (who must both consent to actions taken on the tree).
Owners of trees are fully responsible for the maintenance of their trees. A protected tree’s owner must not allow or carry out any of the prohibited actions on that tree.
Interestingly, the local authority cannot force the owner of a tree to maintain a protected tree to a particular standard just because it is under a Tree Preservation Order.
Why Trees are Chosen for Protection
Tree Preservation Orders should be used by local authorities when the removal of trees would significantly and negatively affect the local natural environment and the public’s enjoyment of it in the present or future.
There are some specific criteria that local authorities are advised to follow when assessing the amenity value of trees. They must, in a structured and consistent way, account for:
- Visibility of the trees to the public
- Trees’ individual, collective, and wider impact
- Lower priority factors, such as conservation importance and climate change
Public Visibility
If trees are not visible to the public — whether from footpaths, roads, or in urban areas — then their removal would be less significant and their amenity value reduced.
Individual and Collective Impact
Local authorities must assess what the wider impact of a tree or group of trees is, accounting for specific characteristics such as:
- Size of tree(s)
- Future potential as an amenity
- Rarity or cultural value
- Relationship with the landscape
- Contribution to a conservation area
Low Priority Factors
The importance of the trees to the conservation of nature and the effects of the trees on climate change may be accounted for in the amenity value of the trees, but do not warrant a TPO by themselves.
Applying to Work on Protected Trees
To work on a tree that is protected by a Tree Preservation Order, you must submit a standard application form to your local authority, available on the Planning Portal or direct from the authority.
There are some types of work which are exempt from the limits of TPOs. Local authority permission is not required for the following types of work:
- On dead or dangerous trees and branches
- On fruit trees
- To comply with an Act of Parliament
- To prevent or abate a nuisance
- Necessary to implement a planning permission
- By or for statutory undertakers
- For highway operations
- By the Environment Agency and drainage bodies
- For national security purposes
Depending on the type of work, notice may still need to be given to the authorities that work is being carried out on a protected tree, even when permission is not a requirement.
How New Tree Preservation Orders Are Made
Requests for Tree Preservation Orders can be made by the public or submitted by the local authority. Once a request is made, the local authority will conduct a site visit to the tree(s) or woodland and determine whether a TPO is suitable.
If it is suitable, an Order is made and served to the public. Following this, people with a registered interest are notified of the Order and are invited to offer their comments and objections to it. The local authority considers these and then decides whether to confirm the Tree Preservation Order. TPOs must be confirmed within 6 months of the issue of the original Order.
Copies of confirmed Tree Preservation Orders can be accessed by the public from the local authority’s offices.
Changing or Cancelling Tree Preservation Orders
Local authorities have the power to change or cancel Tree Preservation Orders if it helps protect trees as situations evolve. Some reasons for the cancellation or adjustment of Orders include:
- The land has been developed
- Protected trees have been removed or replaced since
- Trees no longer warrant protection by an Order
- New trees worthy of protection have been planted
- Errors in the Order or the original map used have become apparent
How To Find If A Tree Has A Preservation Order
You can find out whether a tree is protected by a Tree Preservation Order directly from your local authority. Most authorities, such as Sheffield City Council, make a map of TPOs available to the public online. Kent County Council provides a list of local councils, each with its own Tree Preservation Orders maps. There is currently no single map which aggregates all Tree Preservation Orders across the nation.
If you think that the TPO map your local authority has provided is incorrect, or if you want their clarification, you can contact the authority directly. All Tree Preservation Orders are available for public inspection at the authority’s offices.
Respecting Tree Preservation Orders with Broadleaf Tree Surgery
If you’re looking for a professional team of arborists for advice or work on trees protected by Tree Preservation Orders, Broadleaf Tree Surgery is here to help. Our highly-qualified arborists can guide you through the restrictions and requirements of Tree Preservation Orders, and work to achieve legal and top-quality tree surgery.
For arborist services in Kent, Maidstone, Medway, or the surrounding areas, get in touch with our team for a free site visit and no-obligation quote. You can also view Broadleaf’s full range of tree services on our website.
Tree Preservation Order FAQs
A tree surgeon (or arborist) is someone who preserves old or damaged trees by trimming and treating them. Broadleaf Tree Surgery offers a range of arborist services related to tree care and maintenance, including tree removal, hedge trimming, and pruning.
Broadleaf Tree Surgery has been providing professional arborist services across Kent since 2015, and its team has an even wider range of experience within the tree industry across 15 years. Broadleaf’s team are passionate about tree care and tree climbing, which drives their commitment to quality workmanship and customer support. Book a free site visit on our website for your arborist needs today.
You can contact our team of professional tree surgeons by submitting a contact form on the Broadleaf Tree Surgery website or by emailing us at info@broadleaftreesurgery.co.uk. You can also request a quote on tree surgery work by completing the form online.
It is an offence to cut down a tree protected by a Tree Preservation Order without first getting written permission from your local authority. If you are convicted of breaching a Tree Preservation Order in a Magistrates’ Court, you could end up with a fine of up to £20,000. In serious cases, you could face trial in the Crown Court with the potential for an unlimited fine.
To find out if there is currently a TPO on a tree you own, you can contact your local authority. If you are the owner of a tree which is protected by a Tree Preservation Order, the local authority should have communicated this to you when the Order was made. All Tree Preservation Orders are available for public inspection at the local authority’s offices.
No, Tree Preservation Orders do not expire. They last indefinitely so long as the protected tree(s) do not die or are not felled. A local authority may consider revoking or adjusting a Tree Preservation Order following internal or public requests.
