Tree Preservation Order Rules, Consent and Exemptions

A practical guide to TPO rules in England: what work needs consent, common exemptions, applications, appeals, conservation-area notices and how to verify an order before work.

Protected oak tree with Tree Preservation Order

What is a Tree Preservation Order (TPO)?

A Tree Preservation Order (TPO) is a legal protection placed on trees, woodlands, or groups of trees by Local Planning Authorities under the Town and Country Planning Act 1990. TPOs protect trees of public amenity value by making it an offence to cut down, top, lop, uproot, wilfully damage or destroy a protected tree without consent.

Because TPO publication formats and coverage vary between local authorities, check the relevant council record before relying on a mapped result. For a quick first-pass screen, use the Maplify TPO checker and map.

How to Check a TPO Before Carrying Out Work

  1. 1
    Screen the location
    Search the property on the Maplify TPO checker to see whether a mapped order may affect the site.
  2. 2
    Verify the order
    Check the local planning authority's own TPO record for the order reference, plan and protected tree or area.
  3. 3
    Confirm whether consent is required
    If proposed work involves cutting down, topping, lopping, uprooting, root cutting or other potentially damaging work, confirm the consent route before starting.
  4. 4
    Use professional advice where needed
    For development or significant tree work, an arboricultural assessment may be needed to support the application and protect retained trees.

Understanding TPO Types and Protection Levels

  • Individual Trees (T1, T2 etc) — Single trees specifically identified and protected by reference number
  • Groups of Trees (G1, G2 etc) — Collections of trees protected together
  • Area TPOs (A1, A2 etc) — All trees within defined area protected, often for street scenes or estates
  • Woodland TPOs (W1, W2 etc) — Entire woodlands protected as ecological/amenity units

What You Can and Cannot Do with Protected Trees

Works Requiring TPO Consent:

  • Cutting down (felling), topping or lopping a protected tree
  • Uprooting, root cutting or other work likely to damage the protected tree
  • Wilful damage or destruction of a protected tree
  • Development work that would require protected-tree works as part of the scheme

Exemptions can apply in limited circumstances, including certain dead or dangerous-tree situations and work carried out under specific statutory powers. The rules are fact-specific, so do not assume an exemption applies without checking current government guidance and the local planning authority's requirements.

Important: Unauthorised works to a protected tree can be a criminal offence and may lead to substantial fines. Verify the order and obtain any required consent before work begins.

TPO Application Process

  1. Commission Arboricultural Survey — engage qualified arborist to assess tree and justify works needed
  2. Submit TPO Application — complete council's form with tree survey, justification, photographs
  3. Authority Assessment — the council may inspect the tree and consider amenity, condition and the justification for the proposed work
  4. Decision — consent may be granted, refused or made subject to conditions
  5. Appeal Rights — where a decision or condition is disputed, check the current Planning Inspectorate appeal route and deadline

TPO Considerations for Property Development

  • Root Protection Areas — BS 5837 arboricultural work commonly identifies root protection areas that influence layout, access, services and construction methods.
  • Planning Applications — Protected trees are a material planning consideration, so tree retention and impacts should be addressed early in design.
  • Design Around Trees — Layouts should respond to retained trees, canopy spread, root protection and future growth rather than treating tree constraints as a late-stage issue.
  • Replacement Planting — Where removal is accepted, the authority may impose replacement planting conditions appropriate to the site and proposal.

Trees in Conservation Areas

Trees in Conservation Areas can also be subject to a separate notice regime even where no TPO exists. In many cases the local planning authority must be given six weeks' notice before work, allowing it to consider whether a TPO should be made. Check the statutory exemptions and measurement rules in current government guidance before relying on this summary.

TPO Map Coverage and Data Sources

  • Coverage — Published TPO data varies by local planning authority and should be verified against the authority's own record.
  • Data Source — Maplify uses published planning/local-authority TPO datasets where available.
  • Update Frequency — Source authorities publish new and amended orders on their own schedules.
  • TPO Types — Orders can protect individual trees, groups, areas and woodlands.

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