In the United Kingdom, many trees are legally protected to conserve natural beauty, biodiversity, and amenity value. It is essential to determine whether a tree is protected before carrying out any work, as unauthorised activity can result in prosecution and significant penalties. This guide explains the various forms of legal protection and how to find out whether a tree is affected.
Tree Preservation Orders and Conservation Areas
The two most common types of tree protection are Tree Preservation Orders (TPOs) and Conservation Area regulations. A TPO is imposed by a local planning authority (LPA) to protect specific trees, groups of trees, or woodlands. It prohibits pruning, felling, lopping, topping, uprooting, or otherwise damaging the tree without prior written consent from the authority.
Additionally, trees in Conservation Areas are automatically protected if they have a trunk diameter greater than 75mm when measured 1.5 metres above ground level. Anyone wishing to work on such trees must provide six weeks’ written notice to the LPA, during which time the authority may decide to issue a TPO.
Protected Species and Wildlife Considerations
Tree protection in the UK extends beyond the tree itself. Trees often serve as habitats for protected species, such as bats, birds, and certain invertebrates. Under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017, it is a criminal offence to intentionally or recklessly damage or destroy the habitat of a protected species, even if the tree itself is not under a TPO.
For example, many bat species roost in trees, and disturbing them or their roosts—even during tree maintenance—can lead to prosecution. Before undertaking work, particularly on mature or dead trees, a preliminary ecological assessment is advised. In some cases, a full ecological survey may be required, and a licence from Natural England may be necessary.
The Forestry Act 1967
The Forestry Act 1967 adds another layer of legal protection. It regulates the felling of trees and requires a felling licence from the Forestry Commission for most cases where more than five cubic metres of timber is felled in a calendar quarter (only two cubic metres may be sold). Certain exemptions apply, such as for private garden trees, churchyards or dangerous trees, but unauthorised felling in contravention of this Act is a criminal offence.
How to Check if a Tree is Protected
1. Contact the Local Planning Authority (LPA)
Start by contacting the planning department of the local council. They maintain records of all TPOs and designated Conservation Areas. This is normally done via email and the relevant email addresses can be found on the councils websites.
2. Use Online Planning Tools
Many councils offer interactive mapping tools where you can search by address to identify TPOs and Conservation Areas. For example, Stockport council uses an interactive mapping tool that can be accessed via this link https://www.stockport.gov.uk/tree-preservation/check-if-there-is-an-existing-tree-preservation-order
3. Check with the Forestry Commission
For large-scale felling, felling trees without exemptions or woodland management, consult the Forestry Commission about licensing requirements under the Forestry Act. For more information the following link will help https://assets.publishing.service.gov.uk/media/64b54e2d0ea2cb000d15e3e5/FC_Tree_Felling_4_July_23_WEB.pdf
4.Consider Ecological Surveys
If the tree may host wildlife, consult an ecologist. This is particularly important before removing or disturbing older, dead, or hollow trees.
Tree protection in the UK
Tree protection in the UK is multifaceted, covering not only the tree itself but also the wildlife it may support. Whether governed by a TPO, Conservation Area, or national legislation such as the Forestry Act, carrying out unapproved work can lead to serious consequences. Always consult your local planning authority, verify the status of the tree, and consider the presence of protected species before proceeding with any work.
If you need help with a tree protection order, consider getting in touch with Lally Tree Management for a free quote.