Tree Preservation Orders (TPO) exist to protect environmentally and culturally significant trees from being damaged or cut down. Breaching them also comes with severe penalties, whether you were, or were not, aware that a tree was protected. Here, we discuss what TPOs are, when they are used, and how to manage them if protected trees are present on a potential development site.
Standing in a dip in Hadrian’s Wall in the Northumberland National Park, the Sycamore Gap tree was one of the UK’s most iconic landmarks. It formed the backdrop of picnics, marriage proposals, and even scenes from the 1991 blockbuster Robin Hood: Prince of Thieves.
Due to what prosecutor Richard Wright described as the “arboreal equivalent of mindless thuggery” on a stormy September night in 2023, however, the tree is now just a stump. It was cut down with a chainsaw by 39-year-old Daniel Graham and 32-year-old Adam Carruthers, actions that have caused anger and disbelief around the world.
Despite being on a UNESCO World Heritage Site, the Sycamore Gap tree was not the subject of a Tree Preservation Order, the legal mechanism for preventing damage to, and destruction of, protected trees or woodland. Nevertheless, Graham and Carruthers have paid a heavy price for their actions, demonstrating just how seriously the UK takes its efforts to protect trees and woodland.
On Tuesday 15 July, both were sentenced to four years and three months for criminal damage to the Sycamore Gap tree. According to his barrister, Carruthers will “bear the burden of what he had done for the rest of his life”.
Had the Sycamore Gap tree been protected by a TPO, it is likely that they would have faced an unlimited fine in addition to their prison sentences.
What is a Tree Preservation Order?
Tree Preservation Orders (TPOs) are issued by the Local Planning Authority, usually the local council, to protect trees, areas, or even woodland of environmental or historical importance.
TPOs are a legal mechanism, which means individuals and businesses commit an offence by felling, uprooting, topping, or lopping protected trees without written consent from the authority that issued the TPO.
Importantly, trees present on either public or private land can be subject to a TPO. This means that it is the landowner’s responsibility to check if a tree on their land is protected before attempting to remove or change it.
A homeowner in Stockport, for example, was recently caught out after he trimmed a protected tree in his back garden. Despite not being aware that “such a thing even existed” and assuming that “trees in your own garden were your responsibility”, the homeowner was nonetheless threatened with a potential fine of thousands of pounds by the local council for breaching a TPO and altering a protected tree without written consent.
Where can I find the law on TPOs?
Most of the law concerning TPOs can be found in Part VIII of the Town and Country Planning Act 1990 (as amended) and the Town and Country Planning (Tree Preservation) (England) Regulations 2012.
Further amendments were made in Section 192 of the Planning Act 2008, as well as Part 6 of the Localism Act 2011.
How are TPOs issued?
The process for issuing a TPO is usually triggered by the authority, but members of the public can also apply for a TPO to be considered.
An authority can decide to issue a TPO based on a tree or woodland’s:
- visibility;
- size and form;
- future potential as an amenity;
- rarity;
- cultural and/ or historical value;
- contribution to, or relationship with, the landscape; and
- importance to nature (e.g. local wildlife) or the response to climate change.
Authorities can also make emergency TPOs where necessary.
Once a TPO is issued, authorities must provide a ‘Regulation 5 notice’ to “persons interested in the land affected by the Order”. These “persons” may include landowners, tenants, or developers.
Whilst the authority ultimately has discretion over whether to issue a TPO, it must account for any representations or objections that are made during the 28-day notice period after a Regulation 5 notice is issued.
If a TPO is confirmed, it must be enforced by the Council.
How do I alter or remove a protected tree?
Aside from limited exceptions, you must apply to the local authority for written consent to fell, top, lop, or uproot a protected tree.
This can be done by submitting an application via the Planning Portal website or the local authority.
To have the best chance of obtaining consent, an application should:
- clearly specify the work requested;
- state the reasons for the application (e.g. why the work is needed);
- identify the tree(s) and main features of the property that will be affected by the application;
- be accompanied by evidence describing any structural damage or health and safety issues (e.g. dead branches);
- where appropriate, include proposals for planting replacement trees.
Businesses or individuals should not submit an application until they are confident that they have a clear idea of the programme of work and why it is needed.
This is because the business or individual could be in breach of any consent granted if they deviate from, or exceed, the programme of work as set out in their application.
The authority may also choose to attach certain conditions to its consent, such as planting replacement trees, regulating the standard of the authorised work, or imposing a time limit for the consent outside of the default period of two years.
As such, it is important to read an authority’s consent carefully to be sure that you understand what is required before carrying out any permitted works.
When is consent not required for working on protected trees?
There are some limited circumstances when consent is not required, but the authority must still be notified of the works. These may include:
- felling or lopping dangerous or dead trees or branches to prevent the risk of harm;
- work that is necessary to implement planning permission;
- work on fruit trees that is carried out in the course of, and the interests in, a business or trade;
- any work carried out by the Environment Agency or land drainage board;
- work that forms part of highway operations or that is needed for national security purposes.
Do not assume that consent is not required, however. For works necessary to implement planning permission, for example, exceptions may not apply if a development under planning permission is not commenced within the relevant time limit, or where only outline planning permission was granted. Always seek professional advice before deciding whether to submit notice of, or an application for, work to protected trees.
What are the penalties for breaching a TPO?
Under Sections 210 (1) and 202 C (2) of the Town and Country Planning Act 1990, a person or a company can be found guilty of an offence if they, in contravention of a TPO:
- cut down, uproot, or wilfully destroy a tree;
- top, lop, or wilfully damage a tree in a way that is likely to destroy it;
- cause or permit these activities.
If convicted in a Magistrate’s Court, individuals can be liable for a fine of up to £20,000. In more serious cases, individuals can be committed for trial in the Crown Court, where they could receive an unlimited fine.
Furthermore, where a company contravenes an Order, its director, manager, secretary, or other similar officer could also be found guilty of an offence if it is proven that the offence was committed with their consent or connivance, or due to their neglect. The company itself may also face an unlimited fine, as well as ancillary orders such as costs.
Given that ignorance of a TPO is not a defence, it is important that individuals or businesses considering works on trees check with the Local Planning Authority before developing their programme of work.
When should I seek professional advice?
Trees and woodland form a vital part of the UK’s countryside, providing much needed habitats for wildlife and playing a crucial part in the fight against climate change.
We need only take the Sycamore Gap tree incident as an example of how seriously damage to our nation’s trees is taken, even in cases where such trees are not legally protected.
If your business is working on a site where trees are present, it is vital that you engage specialists as early as possible to liaise with the Local Planning Authority to find out if any trees are protected.
If there is a TPO on your site, you should address this at the design stage and pre-start engagement with your groundworks contractor to ensure that the situation is managed proactively.
In the event of a problem, it is essential to engage with the relevant authorities and qualified professionals. Failure to do so could not only result in enforcement action, but also significant reputational and financial damage.