UK Tree Work: Do I Need Planning Permission?

Short Version

• You do not need planning permission for routine tree work unless the tree is specifically protected.

• If a tree has a Tree Preservation Order (TPO), you must submit a formal application to your Local Planning Authority (LPA) for any work, including pruning.

• If your property is in a Conservation Area, you must give your LPA six weeks' written notice before carrying out work on any tree with a trunk diameter over 75mm.

• Failing to get the correct consent can result in prosecution and significant, even unlimited, fines. Always check with your council first.

Do I Need Planning Permission for Tree Work?

For the vast majority of trees on private residential property in the UK, the answer is no – you do not need to apply for planning permission to prune or remove them. Tree maintenance is generally considered a part of managing your property. However, this freedom stops the moment a tree is granted specific legal protection. The two most common forms of protection homeowners will encounter are Tree Preservation Orders (TPOs) and being located within a Conservation Area. Mistaking the rules for these can be a very costly error.

What is a Tree Preservation Order (TPO)?

A Tree Preservation Order, or TPO, is a legal order made by a Local Planning Authority (LPA) to protect specific trees, groups of trees, or woodlands in the interest of public amenity. If a tree on your property is subject to a TPO, it is a criminal offence to cut down, top, lop, uproot, wilfully damage, or wilfully destroy it without the planning authority's formal consent. This includes routine pruning.

The council can place a TPO on any tree, including those in private gardens, if it is considered to have value to the public. This might be due to its age, size, species, or position in the landscape. The order makes it clear that the tree is a protected asset.

How to Apply for Work on a TPO Tree

To carry out any work on a TPO-protected tree, you must submit a specific application to your LPA. In England and Wales, this is usually done via the Planning Portal using the "Application for tree works: works to trees subject to a tree preservation order (TPO) or notification of proposed works to trees in a conservation area (CA)" form.

Your application must clearly specify which tree you want to work on (using a plan if necessary) and exactly what work you propose, providing clear reasons. For example, instead of just saying "prune tree," you should state "crown reduce by 20% and remove deadwood to improve health and safety." Photographs and a report from a qualified arborist (tree surgeon) can significantly strengthen your case. The council has up to eight weeks to issue a decision.

What are the Rules for Trees in Conservation Areas?

If your property is located within a Conservation Area, special rules apply even if the trees do not have specific TPOs on them. Essentially, any tree with a trunk diameter of 75 millimetres or more (measured at 1.5 metres above ground level) is given a baseline level of protection.

Before you carry out any work on such a tree, you must give your LPA six weeks' prior written notice. This is not an application for permission but a "Section 211 Notice." This six-week period gives the LPA time to assess the tree. They can either decide to raise no objection, or they can decide the tree is valuable enough to be protected with a formal TPO. If they do this, you would then have to submit a full TPO application as described above. If you do not hear back from the council within the six-week period, you can legally proceed with the work you described in your notice.

Are There Any Exemptions?

Yes, there are some limited but important exemptions. You do not need to apply for consent or give notice for work on a tree that is dead or has become dangerous. However, you are strongly advised to collect evidence to prove this was the case before you act. Take photographs, and if possible, get a note from a qualified arborist confirming the tree's condition. You may still need to give the council five days' written notice that you are carrying out emergency work. Other exemptions can include felling required to implement a full planning permission for development or work on fruit trees grown for commercial fruit production.

What Are the Penalties for Unauthorised Work?

The penalties for carrying out unauthorised work on a protected tree are severe and are taken very seriously by the courts. If you are found guilty, you could be prosecuted in the Magistrates' Court and face a fine of up to £20,000 per tree. For more serious offences, the case can be referred to the Crown Court, where the fines are unlimited. You will also likely be served a Tree Replacement Notice, compelling you to plant a new tree, which you must then maintain.

How Can I Check if My Trees Are Protected?

The safest and simplest way is to contact the tree officer or planning department at your local council. They hold the official records of all TPOs and Conservation Area boundaries. Many councils now have interactive maps on their websites where you can search for your property and see these designations. A quick phone call or email before you hire a tree surgeon can save you a huge amount of trouble and money. Always get confirmation in writing if possible.

Disclaimer: This blog post provides general guidance and is not a substitute for professional legal or planning advice. You must consult your Local Planning Authority before undertaking any work on trees that may be protected.