How we manage trees

Do I need a felling licence to cut down trees?

Tree felling is a legally controlled activity. You will normally need permission from the Forestry Commission to fell growing trees and they will normally provide this by issuing a felling licence. The licence will allow you to fell identified trees and woodland legally. Some exemptions apply, for example in any calendar quarter you may fell up to 5 cubic metres (m^3) of growing trees on your property without a felling licence, as long as no more than 2 m^3 are sold.

Trees with a diameter at breast height of less than 8 cm are also exempt. In addition, there are exceptions that apply to: fruit trees like apple, pear or plum; trees standing or growing in an orchard, garden, churchyard or public open space; and trees that pose an immediate risk of serious harm and urgent work is needed to remove the risk. Check with your local woodland officer for the avoidance of doubt.

Are all trees protected in a conservation area?

Yes, they are protected by the provisions in Section 211 of the Town and Country Planning Act 1990.

What is the procedure to remove a tree(s) in a conservation area?

If you wish to remove tree(s) in a conservation area it is necessary to give the relevant local planning authority written notice (by letter or email) of proposed work describing what you want to do, at least six weeks before the work starts. This gives the authority an opportunity to consider protecting the tree with a tree preservation order.

No work should be carried out to the tree until either confirmation of acceptance of the notice has been received, or the six-week period has elapsed.  

What happens if I cut down a tree in a conservation area without giving notice to the local planning authority (LPA) or not waiting for the six-week notification period?

If a tree is cut down, uprooted, wilfully destroyed, damaged (including cutting roots, top or lop), in a manner likely to destroy it, the LPA has the authority to issue a fine for each offence (each tree). It is common practice that, as well as the fine, it will be necessary to plant a replacement tree for every tree that was removed or destroyed.  

What is a Tree Preservation Order (TPO)?

A Tree Preservation Order (TPO) is an order made by a local planning authority (LPA) in respect of trees. A TPO is used to protect trees (including areas of woodland) where they provide significant local amenity benefits. The order makes it an offence to cut down, uproot, prune, damage or destroy the tree without permission from the LPA who made the order.

More information is available here Tree Preservation Orders and trees in conservation areas - GOV.UK.

How do I find out if there is a TPO on a land holding?

It is necessary to contact the relevant local planning authority (LPA). Each District and Borough Council hold their own complete datasets of trees with a TPO. Each LPA deals with this differently. Although a search for a TPO may be free, a copy of the full TPO with map showing trees included may incur a cost.  

How do I get permission to remove or carry out work on a tree protected by a TPO?

You must make an application to the LPA who made the order using a standard application form. Forms are available from the respective LPA’s website. List details of all work you wish to carry out and provide information to support your application, such as any professional advice received i.e. a tree survey. You may also find it useful to refer to their website for further guidance.  

Is permission always required when carrying out work on a tree with a TPO?

There are exemptions, the most common of which are:

• If the tree is a serious safety risk. However, it is still necessary to notify the LPA in writing (by letter or email) as soon as is practically possible with evidence such as a safety inspection.
• If the tree is dead. However, you must still give at least five working days written notice to the LPA in writing (by letter or email).
• Removing dead branches from a living tree. However, it is recommended that you inform the relevant LPA tree officer to let them know that the work being carried out is exempt, so that they can reassure any concerned members of the public.

If there is any doubt get advice from the LPA tree officer.

What happens if you carry out work on a TPO tree without permission?

If a protected tree is deliberately destroyed or damaged in a manner which is likely to destroy it, you could be liable to an unlimited fine. You can also be fined for permitting the work to take place.

I’m concerned about a tree that looks dangerous. How do I report it?

If you are concerned about a tree that looks dangerous because, for example, it has split or dead branches, has been partially uprooted, or is visibly in decline, and there is a target such as a building, footway or highway please visit our Report a concern webpage to report the issue.