Work with Tree Preservation Orders

What Tree Preservation Orders mean for your development or property

If you own, develop, or manage land with trees on it, those trees may be protected by a Tree Preservation Order (TPO). TPOs are made by local planning authorities to prevent the removal of trees that contribute to the local environment. They apply to individual trees, groups, areas of trees, or whole woodlands.

Before you carry out any work to trees on your site, including pruning, lopping, or felling, you must check whether a TPO applies. Carrying out unauthorised work to a protected tree is a criminal offence with potentially unlimited fines. This applies whether you are a developer clearing a site, a property owner managing your grounds, or a contractor carrying out works on someone else's behalf.

TPOs can affect development timelines and site layouts. If protected trees are present, you may need to redesign proposals to retain them, or apply for consent to carry out specific works. Understanding what protections exist on your site early in the planning process avoids costly delays and legal risk.

How to check for TPOs on your site

Before starting any development or tree works, establish whether any trees on or near your site are protected.

• Contact your local planning authority - Request a search of the TPO register for your site. Most authorities maintain a register of all confirmed TPOs in their area.
• Check online mapping tools - Many local authorities publish TPO locations on their online planning maps. Search your council's website for 'tree preservation orders map' or 'planning constraints map'.
• Commission a tree survey - For development sites, an arboricultural survey by a qualified tree consultant will identify all trees, their condition, and any protection status. This is typically required as part of a planning application.
• Check conservation area status - If your site is within a conservation area, all trees above a minimum size have separate protections even without a TPO.
• Check the property deeds - Previous planning permissions may include conditions relating to tree retention or planting.

Remember that a TPO takes effect immediately when it is served, even before it is formally confirmed. New TPOs can be made at any time, including after you have purchased a site. Always check the current position before starting works.

Trees in conservation areas

Trees in conservation areas have a separate protection regime. Even if no TPO is in place, you must notify the local planning authority before carrying out works to most trees in a conservation area. This gives the authority time to decide whether to make a TPO to provide permanent protection.

Ancient woodland and veteran trees

If your development site is near ancient woodland or contains veteran trees, additional planning policy protections apply. These are among the strongest protections in the planning system and can significantly affect what development is possible on your site.

Practical advice for developers and property owners

Early site assessment

• Commission a tree survey as part of your initial site appraisal, before purchasing or making a planning application
• Check for TPOs, conservation area status, and proximity to ancient woodland at the earliest stage
• Factor tree retention into your site layout from the outset rather than treating it as an afterthought
• Budget for arboricultural reports and any necessary tree protection measures during construction

During development

• Install tree protection fencing around retained trees before any site works begin, in accordance with BS 5837:2012
• Keep construction activity, materials storage, and vehicle movements outside the root protection area of retained trees
• Do not change ground levels, install services, or store chemicals within root protection areas without arboricultural supervision
• Breaching tree protection conditions on a planning permission can result in enforcement action

Emergencies

If a protected tree is dangerous and presents an immediate risk to people or property, you may carry out the minimum work necessary to make it safe without prior consent. For a dead TPO tree (the 'dying' category was removed by the 2012 Regulations), you must give the local planning authority 5 working days' notice before carrying out the works. Urgent works to remove an immediate risk of serious harm are exempt from the notice requirement altogether - carry out the minimum necessary, then notify the authority. Keep photographic evidence and written records of the danger and the works carried out, as you may need to demonstrate the emergency was genuine.

What happens next

If you are planning a development that involves tree works, your TPO or conservation area application should be submitted alongside or before your planning application. The planning authority may also attach conditions to planning permissions requiring tree protection measures during construction and replacement planting.

If your site is near ancient woodland, seek pre-application advice from the local planning authority and consider consulting Natural England before submitting your application.