In England, Scotland and Wales, TPOs are made by local planning authorities to protect trees for amenity, public enjoyment or their environmental benefit. They can apply to individual trees, groups or areas of trees, or whole woods and parklands. Hedgerow trees can be protected but not hedges.

A TPO prohibits the cutting down, topping, lopping, uprooting, wilful damage or destruction of trees without first obtaining permission from the local planning authority, unless the tree is dead, dying or dangerous (this can cause problems when dealing with important ancient trees), or in the way of development which has planning permission. A TPO protects a tree’s roots as well.

Breach of a TPO is an offence carrying a fine of up to £20,000, or an unlimited fine in very serious cases. Local planning authorities can also seek injunctions to stop work if there is a threat of contravention of a TPO.

In the case of unauthorised felling, the courts can order replanting and the TPO applies immediately to the replacement trees.

Conservation areas are designated by the local planning authority for their historic value. While focused on the built environment this designation also brings some protection for trees and woods. If over 7.5cms in diameter, trees in Conservation areas cannot be felled, lopped or uprooted without giving written notice to the local planning authority. The authority then has six weeks in which to do one of the following:

• serve a TPO, in which case the applicant has to make an application for the work to be granted consent under the TPO
• give notice to the applicant that they do not intend to make a TPO, in which case the work may proceed
• if no notice has been issued by the planning authority then the work is deemed to be approved, and may be carried out within two years of the expiry of the six week period.

You can find out if a tree or wood is covered by a TPO from the local planning authority. They are able to provide you with a paper copy of the order, sometimes subject to a charge. You can also check on a register of applications and decisions whether permission has been granted to carry out work. Many local authorities have a tree officer or forestry officer responsible for overseeing TPOs, who may be willing to help.

If no TPO is in place and you are concerned that a tree or wood is under threat, you could ring or write to the local planning authority asking that it consider putting a TPO in place. Authorities usually have very specific criteria that have to be met for a draft TPO to be considered. However, even after the confirmation of a TPO, a subsequent planning application might cause the order to be overturned at a later date.

An emergency TPO comes into effect immediately, lasting for six months while arrangements are made for a permanent order. This means you could request a TPO to protect a tree even if felling has begun.

Ancient trees are often thought to be dying or dangerous if they have dead limbs or decaying trunks. There are skilled arboriculturalists with specialist experience dealing with ancient trees. It is essential to check that people advising potential developers on treatments to ancient trees have the appropriate qualifications and expect even then that on occasions advice can vary between experts. Often, ancient trees can be made safe without needing to remove the whole tree – a dead standing “monolith” can be very valuable for wildlife and should be retained where possible.

• Detailed guidance is contained in
  Tree Preservation Orders: A guide to the law and good practice (2000).
  This is available from the website of the Office of the Deputy Prime Minister or by contacting the enquiry line on 020 7944 4400.
   
• In Scotland see
  The effectiveness of tree preservation orders in Scotland (2002).
  or contact The Stationery Office Ltd, 71 Lothian Road, Edinburgh EH3 9AZ Tel: 0870 606 5566

• Conservation designations
   
• Tree preservation orders in Northern Ireland
   
• Non-statutory designations