Are Your Trees Protected? A Clear Guide to TPOs & Conservation Areas
Whether you're a homeowner planning some garden work, a developer breaking ground on a new site, or an architect designing around existing features, trees are a crucial consideration. In the UK, many trees are legally protected, and understanding what that means is vital. Ignorance isn't an excuse, and the penalties for unauthorised work can be severe.
At Canopy IQ, we help clients navigate these regulations every day. This guide breaks down the two main types of tree protection: Tree Preservation Orders (TPOs) and Conservation Areas.
What is a Tree Preservation Order (TPO)? 🌳
A TPO is a legal order made by a Local Planning Authority (LPA) to protect specific trees or woodlands in the interest of public amenity. It’s the highest level of protection a tree can have.
What does it cover? A TPO can protect a single tree, a group of trees, an area (where all trees within a defined boundary are covered), or a woodland.
What does it prohibit? Without the LPA's formal consent, it is an offence to carry out, or cause or permit the carrying out of, any of the following:
Cutting down
Topping or lopping
Uprooting
Wilful damage or destruction
How do I check for a TPO? Your LPA maintains a register of all TPOs. You can contact their planning department to find out if your trees are covered. As part of our survey process, we automatically carry out these checks for you.
And What About Trees in a Conservation Area? 🏡
Conservation Areas are designated zones of special architectural or historic interest. While trees in these areas might not have individual TPOs, they are still protected by default.
How does it work? If you want to carry out work on any tree in a Conservation Area that has a stem diameter greater than 75mm (measured at 1.5m high), you must give your LPA six weeks' written notice. This is often called a 'Section 211 Notice'.
What happens next? The LPA has two main options during this six-week period:
Do nothing: If the six weeks pass without a response, you can proceed with the work you proposed.
Issue a TPO: If the LPA considers the tree to be of significant amenity value, it can place a formal TPO on it to grant it more permanent, robust protection. If this happens, you would then need to submit a formal TPO application for any proposed work.
SO, Your Tree is Protected. What Now?
Finding out your tree is protected doesn't mean you can never touch it. It simply means there is a legal process that must be followed.
Confirm the Protection: First, be certain of the tree's status. Is it a specific TPO or is it within a Conservation Area? The process is different for each.
Get an Expert Assessment: This is the most critical step. An arboricultural consultant can assess the tree’s health, structure, and safety. We can determine if work is genuinely required and, if so, what the correct specification should be according to modern arboricultural standards (e.g., BS 3998:2010 Tree Work – Recommendations).
Submit a Professional Application: A well-prepared application or notice, supported by an expert report, has a much higher chance of success. It demonstrates to the LPA that the proposed work is justified, necessary, and will be carried out correctly.
There are some exemptions, for instance, if a tree is dead or has become dangerous. However, you must be able to prove this, and the burden of proof is high. Acting without expert advice is a significant risk.
Navigating the Process with Canopy IQ
Understanding tree law can be complex, but that's what we're here for. With 24 years of experience, Canopy IQ specialises in producing clear, actionable reports and managing applications for work on protected trees. We liaise directly with the LPA on your behalf, translating complex arboricultural needs into a straightforward application.
We combine our expertise with the latest surveying technology to ensure that your legal obligations are met efficiently and effectively, saving you time, money, and stress.
If you have a protected tree and are considering works, get in touch with our team today for professional, reliable advice.
Canopy IQ | Intelligent Tree Solutions
