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TPO and conservation area applications

Check with your council before any work: a TPO tree needs consent (usually decided within 8 weeks), and a tree in a conservation area needs 6 weeks' notice. Many tree surgeons will make the application for you.

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Is my tree protected?

A tree is protected if it has a Tree Preservation Order (TPO), stands in a conservation area, or is covered by a planning condition. Your council can tell you, and most publish a TPO map or register online. Conservation areas include parts of Worcester, Great Malvern, Pershore and Bewdley, among many others, so check your council's conservation area map.

TPO trees: apply for consent

For a TPO tree you must apply to the council and wait for consent before felling, pruning, uprooting or damaging it. Councils should decide within eight weeks; if they don't, you can appeal to the Planning Inspectorate. Describe the work exactly. "Crown reduce by 2m to suitable growth points" is better than "prune". Cutting down, topping, lopping, uprooting or wilfully damaging a protected tree without consent is a criminal offence, and you can be required to plant a replacement.

Some work is exempt. Removing dead branches from a living tree needs no consent. A dead tree can be removed after giving the council five working days' written notice. Urgent work on a tree that poses an immediate risk of serious harm can go ahead, with written notice as soon as practicable afterwards. Pruning fruit trees in line with good horticultural practice is also exempt. Diseased or dying trees are not exempt.

Conservation areas: give six weeks' notice

For trees in a conservation area with a trunk over 75mm across, measured 1.5m above the ground, you must give the council six weeks' written notice before most work. The council can then decide whether to protect the tree with a TPO. If it hasn't made one after six weeks, you can go ahead, but only within two years of the notice. Doing the work without notice carries the same penalties as breaching a TPO.

Which council in Worcestershire?

Worcestershire has six district councils, and each handles protected trees in its own area:

  • Worcester City Council: Worcester, including St John's, Warndon and Claines
  • Wychavon District Council: Evesham, Pershore, Droitwich Spa (protected trees page)
  • Malvern Hills District Council: Malvern, Upton upon Severn, Tenbury Wells
  • Wyre Forest District Council: Kidderminster, Stourport-on-Severn, Bewdley
  • Bromsgrove District Council: Bromsgrove
  • Redditch Borough Council: Redditch

Getting a tree surgeon to apply for you

Applications can be made through the Planning Portal or on your council's form, with a map showing the tree, photos, and the exact work and reasons. The owner can apply, or someone acting for them. Many tree surgeons will make the application for you, so ask whether they do and whether they charge for it. If consent is refused, you can appeal to the Planning Inspectorate within 28 days.

Sources: GOV.UK guidance on Tree Preservation Orders and trees in conservation areas.

Questions

What happens if I cut a protected tree without permission?

It's a criminal offence. The council can prosecute, the court can impose a fine and take into account any financial gain from the work, and you can be required to plant a replacement tree.

Can I remove a dead or dangerous protected tree?

A dead tree can be removed after giving the council five working days' written notice. A tree that poses an immediate risk of serious harm can be made safe straight away, with written notice as soon as practicable afterwards. Do only what removes the danger and take dated photos. Diseased or dying trees still need consent.

How do I find out if my tree has a TPO?

Ask your district council. Most publish an online map or register of Tree Preservation Orders and conservation areas, or will confirm by email. Your solicitor's local search also shows TPOs when you buy a property.

How long does a TPO application take?

Councils should decide within eight weeks. If they don't, you can appeal to the Planning Inspectorate for non-determination. For a conservation area tree, you give six weeks' notice instead.

How to choose a tree surgeon

  • Insurance: ask to see a public liability certificate (the Arboricultural Association recommends at least £5m), and employers' liability, which is a legal requirement if they have staff.
  • Qualifications: chainsaw and climbing work should be done by people holding NPTC (City & Guilds) or Lantra certificates. Arboricultural Association Approved Contractor status is a stronger check.
  • A written quote: it should say exactly what will be cut, whether the stump is ground out, and whether waste and logs are taken away.
  • Standards: ask whether the work will follow BS 3998, the British Standard for tree work.
  • Protected trees: a good firm will check for a TPO or conservation area and can make the application. See our TPO guide.

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