Tree Preservation Orders and Conservation Areas: When You Need Permission to Cut a Tree

Tree Preservation Orders (TPOs)

• A TPO is made by the local planning authority to protect trees that add to the amenity of an area. It can cover a single tree, a group or a whole woodland.
• If a tree has a TPO, you need the council's written consent before cutting down, topping, lopping, uprooting or damaging it, including its roots.
• You can check whether a tree is protected on your council's website or by contacting its tree officer. Many Surrey councils have an online map.
• Applications are free and the council normally decides within eight weeks.
• Damaging or felling a protected tree without consent is a criminal offence, and you can be required to plant a replacement.

Trees in conservation areas

• In a conservation area, you must give the council six weeks' written notice (a Section 211 notice) before cutting or pruning most trees.
• This applies to trees with a trunk diameter of 75 mm or more, measured 1.5 metres above the ground.
• The six weeks gives the council the chance to decide whether to protect the tree with a TPO. If it doesn't respond, you can go ahead.

Other rules to know

• Nesting birds: it's an offence under the Wildlife and Countryside Act 1981 to damage or destroy an active nest. The main nesting season runs roughly from March to August, so check carefully before work.
• Bats: all bats and their roosts are protected. Older trees with cavities may need a bat survey before felling.
• Felling licences: felling more than 5 cubic metres of timber in a calendar quarter generally needs a licence from the Forestry Commission. Trees in gardens are usually exempt.
• Neighbours' trees: you can cut overhanging branches back to the boundary, but not beyond it and not if the tree is protected. Offer the cuttings back to the owner.
• Planning conditions on new developments sometimes protect trees and hedges too.

What to do before tree work

1. 01

   Check for protection

   Check your council's TPO and conservation area maps, or ask the tree officer.

2. 02

   Apply or give notice

   Apply for TPO consent, or submit a Section 211 notice in a conservation area, describing the work clearly.

3. 03

   Check for wildlife

   Look for nesting birds and signs of bats. Plan work outside the nesting season where you can.

4. 04

   Use an insured contractor

   Use a qualified, insured contractor who works to British Standard BS 3998 for tree work.

5. 05

   Plan clearance and replanting

   Agree how timber, brash and stumps will be dealt with, and whether replacement planting is needed.

Frequently asked questions