UK Statutory Instrument 2012 United Kingdom

Town and Country Planning (Tree Preservation) (England) Regulations 2012

What this means for your business

4 obligations
3 penalties
2 guides
Enforced by
Local Authority
Applies to
United Kingdom
On this page
4 compliance obligations, 2 practical guides across 2 topics
Read full text on legislation.gov.uk

What you must do

4 compliance obligations under this legislation.

Management duties 1

Do not cut, damage or destroy trees protected by a Tree Preservation Order

Unlimited fine

If a tree is listed in a Tree Preservation Order, you must not cut, top, lop, uproot, damage or destroy it unless you have written consent from the council or the Secretary of State. The order takes effect from the date it is made, so the restriction is ongoing.

Any Person Form of Tree Preservation Order Local Authority When a tree is covered by a Tree Preservation Order and you …

Other requirements 2

Do not cut, damage or destroy trees protected by a Tree Preservation Order

Unlimited fine

If any tree on your premises is covered by a Tree Preservation Order, you must not cut it down, top it, lop it, uproot it, wilfully damage it or destroy it, and you must not allow anyone else to do so. You can only carry out those actions if you have written consent from the planning authority and you follow any conditions attached to that consent.

Any Person s.13 Local Authority When a tree is subject to a Tree Preservation Order (TPO)

Submit a consent application for works on protected trees

Unlimited fine

If you need to cut down, top, lop or uproot a tree that is covered by a Tree Preservation Order, you must first apply in writing to the relevant authority using the prescribed form. Your application must include a site plan, details of the work, your reasons and any evidence of damage or safety risk. If you apply electronically you automatically agree to receive communications that way until you formally withdraw that consent.

Any Person s.16 Local Authority When you intend to cut down, top, lop or uproot a tree …

Reporting and filing 1

Provide requested information for tree‑preservation appeal

If your business is involved in a tree‑preservation appeal, the Secretary of State (or an appointed person) can ask you to supply extra information or representations in writing. You must send that information within the time‑frame they set. Failing to do so could delay or harm your appeal.

Any Person s.22 Local Authority When the Secretary of State or the appointed person makes a written …

Penalties for non-compliance

3 penalties under this legislation. 3 carry an unlimited fine.

Unlimited fine

Do not cut, damage or destroy trees protected by a Tree Preservation Order

Unlimited fine

Form of Tree Preservation Order Penalises: Do not cut, damage or destroy trees protected …
Unlimited fine

Do not cut, damage or destroy trees protected by a Tree Preservation Order

Unlimited fine

s.13 Penalises: Do not cut, damage or destroy trees protected …
Unlimited fine

Submit a consent application for works on protected trees

Unlimited fine

s.16 Penalises: Submit a consent application for works on protected …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

28 classified provisions from this legislation.

Duties 11

  • s.3 Form of tree preservation order
  • s.5 Procedure after making an order objection or representation
  • s.7 Procedure for confirmation of a tree preservation order The authority
  • s.8 Action after confirmation of tree preservation order
  • s.9 Action where tree preservation order not confirmed
  • s.10 Variation of tree preservation orders
  • s.11 Revocation of tree preservation orders
  • s.12 Register authority
  • s.13 Prohibited activities tree
  • s.16 Applications for consent under tree preservation order structural damage
  • s.22 Further information

Powers 5

  • s.6 Objections and representations
  • s.17 Determination of applications for consent and conditions
  • s.19 Appeals
  • s.21 Questionnaire
  • s.23 Determination

Definitions 3

  • s.2 Interpretation
  • s.14 Exceptions
  • s.18 Application of Part 5 and interpretation

Exemptions 4

  • s.15 Trees in conservation areas – exceptions
  • s.20 Preliminary information
  • s.24 Compensation
  • s.26 Revocation, transitional, transitory and saving provisions