Tree Preservation Orders, What TPOs Mean for Property Owners

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is a legal instrument made by a Local Planning Authority (LPA) under the Town and Country Planning Act 1990 and the Town and Country Planning (Tree Preservation) (England) Regulations 2012. A TPO prohibits the cutting down, uprooting, topping, lopping, willful damage, or destruction of a protected tree without the prior written consent of the LPA.

TPOs can protect individual trees, groups of trees, or woodland. The LPA makes a TPO when it considers that a tree makes a significant contribution to the local environment and its amenity, for example, a mature oak visible from a public road or a stand of trees that forms part of a green corridor.

How to Find Out if a Tree Has a TPO

TPOs are recorded by the relevant LPA and are also registerable as a local land charge, which means they will appear in the Local Authority Search that your solicitor orders as part of conveyancing. You do not always need to wait for a conveyancing search, however, many councils publish TPO maps on their planning portals, and some make this data available via open data portals.

Property Passport UK surfaces local land charge data including TPO flags where this information is available from official sources, giving buyers and owners early visibility before formal searches complete.

What Work Requires Consent?

For any consented work, the LPA may impose conditions, such as replanting with a tree of a specified species and size.

Applying for TPO Consent

Applications for TPO consent are made to the LPA, typically through the Planning Portal or directly to the council's tree officer. There is no fee for a TPO consent application. The LPA must decide within eight weeks. It can grant consent (with or without conditions), refuse, or grant consent for part of the works requested.

If consent is refused, you may appeal to the Planning Inspectorate. A qualified arborist or tree surveyor, ideally one accredited by RICS or the Arboricultural Association, can prepare a supporting report to strengthen your application.

What Happens if You Breach a TPO?

Breaching a TPO is a criminal offence. Upon conviction in a magistrates' court, an unlimited fine can be imposed. The court takes into account the amenity value of the tree when determining the penalty. In addition to prosecution, the LPA can require replanting, and the landowner remains under an obligation to plant a replacement tree of appropriate size and species.

TPOs and Property Value

A well-maintained protected tree can enhance the visual appeal and value of a property. However, TPOs can also restrict development options, for example, where a proposed extension falls within the root protection area of a protected tree. Planning applications within the root protection zone of a TPO tree are routinely referred to the LPA's tree officer for comment.

If you are buying a property with TPO trees, instruct a qualified arborist to assess the condition of the trees early in the process. Diseased or structurally unsound TPO trees can present both a safety risk and a significant cost to manage.

Key Takeaways for Buyers and Owners

• Always check the Local Authority Search results for TPOs before proceeding
• Never carry out any work on a protected tree without first obtaining written consent from the LPA
• Use an accredited arborist for applications, reports, and any consented work
• Breaches carry unlimited fines, always err on the side of caution