Trees, TPOs and tree surveys: what to check before you build.

Trees are one of the most common reasons a promising site turns out to be more constrained than it first looks. A single protected tree can dictate where you build, and removing one without the right consent is a criminal offence carrying serious fines. Add Conservation Areas, hedgerows, nesting birds and ancient woodland, and vegetation quietly becomes one of the trickier parts of a planning application. This is a plain-English guide to what is protected, when you need a survey, and how to keep it all on the right side of the law. It reflects the position at the time of writing, so you should always check the current rules for your site.

Why trees can shape a scheme

Trees do not simply sit on a site, they define what can be achieved on it. Every retained tree has a Root Protection Area around it that must be kept clear of building, hard surfacing and changes in level, and those zones can rule out the very spot where you hoped to build. Local planning authorities give considerable weight to trees, and a scheme that fails to account for them is likely to meet resistance or need revising. A protected tree in the wrong place is far better identified at the outset than discovered once a design is already well advanced.

Tree Preservation Orders

A Tree Preservation Order, or TPO, is an order made by the council to protect a specific tree, group of trees or woodland. Once one is in place, it is a criminal offence to cut down, top, lop, uproot, or wilfully damage or destroy the tree, or cut its roots, without the council's written consent. The penalties are significant: destroying a protected tree can bring a fine of up to £20,000 in the magistrates' court, or an unlimited fine in the Crown Court, with lesser breaches such as unauthorised pruning fined up to £2,500. There is usually a duty to plant a replacement too. There is no fee to apply to the council for consent to work on a TPO tree, and the authority has eight weeks to decide.

Trees in Conservation Areas

Even where there is no TPO, trees within a Conservation Area are protected. Before carrying out works to a tree with a stem diameter over 75mm, you must give the local planning authority six weeks' written notice, known as a section 211 notice after the relevant provision of the Town and Country Planning Act 1990. That period allows the authority to decide whether to make a TPO to protect the tree permanently. It is an easy requirement to overlook, and the protection applies regardless of whether you were aware that the site lay within a Conservation Area.

Is your tree protected, and the exemptions

Do not assume. The council holds the register of TPOs and can confirm whether a tree is protected, and whether your site falls within a Conservation Area. There are limited exemptions: a genuinely dead tree may be removed, but only after five working days' written notice to the council; and a tree presenting an immediate risk of serious harm may be dealt with to the extent needed to remove that risk, with notice given to the council as soon as practicable afterwards. The threshold for both is high, and because getting it wrong is a criminal offence, the position should always be confirmed before any works are carried out.

Ancient woodland and veteran trees

Some woodland and trees carry stronger protection still. Ancient woodland, meaning land that has been continuously wooded since at least 1600, is classed as an irreplaceable habitat, as are ancient and veteran trees. National planning policy is clear that development resulting in their loss or deterioration should be refused unless there are wholly exceptional reasons. In practice, that means keeping development at a distance: Natural England and the Forestry Commission advise a buffer of at least 15 metres between development and ancient woodland, and often more where wider impacts are likely. If your site adjoins woodland, or contains a notably old tree, its status is worth establishing early, as it can materially affect what the site can accommodate.

Hedgerows are protected too

Trees are not the only vegetation with legal protection. Most countryside hedgerows, meaning those on or adjacent to agricultural land, common land or similar, and at least 20 metres long or connecting to another hedgerow, are protected under the Hedgerows Regulations 1997. A Hedgerow Removal Notice must be given to the council before removing one, and the authority has 42 days to respond. If the hedgerow is judged important, being at least 30 years old and meeting set criteria for wildlife, historical or landscape value, the council can prohibit its removal altogether. Unlawful removal carries an unlimited fine and a duty to replace it. Because hedgerows are linear habitat, they also feature in Biodiversity Net Gain calculations, so their removal can have implications there too. Ordinary garden hedges are generally outside the scope of the regulations.

Nesting birds set the clock

Separately, and often overlooked, active birds' nests are protected under the Wildlife and Countryside Act 1981: it is an offence to damage or destroy a nest while it is in use or being built. The nesting season runs broadly from March to August, so clearing trees, hedges or scrub during that period requires a nesting-bird check by a competent ecologist beforehand, or the works must wait until the season has ended. This is the same seasonal constraint we set out for breeding birds in our ecology survey calendar. Site clearance, in other words, is seldom simply a matter of tidying up before work begins.

The BS5837 tree survey

Where a scheme is on or near trees, the local authority will usually expect a tree survey carried out to BS5837:2012, the British Standard for trees in relation to design and construction. It categorises each tree from A to U by quality and life expectancy, defines the Root Protection Area that the layout must respect, and produces the arboricultural impact assessment, method statement and tree protection plan the authority looks for. Unlike ecology surveys, a tree survey is not tied to a season and can be carried out at any time of year. Because it frequently shapes the layout, it is best commissioned early rather than added at the end.

Where we come in

We do not carry out tree surveys ourselves. We work with a selection of trusted arboricultural consultants who do, and we bring the right one in early. Where we add value is in factoring the arboricultural constraints into the scheme from the outset, so that the layout respects the Root Protection Areas and works within them, and in handling the planning side, including applications for consent to work on protected trees and Conservation Area notices. The aim is straightforward: no unwelcome surprises, and a scheme that respects the trees while still delivering what you need.

Common questions

How do I know if a tree has a TPO?

The council holds the register of Tree Preservation Orders and can confirm whether a particular tree is protected. It is also worth checking whether your site falls within a Conservation Area, which protects trees in its own right. Assumptions are best avoided, as the consequences of getting it wrong are criminal.

Can I remove a dead or dangerous tree with a TPO?

A genuinely dead tree may be removed, but only after five working days' written notice to the council. A tree presenting an immediate risk of serious harm may be dealt with to the extent needed to remove that risk, with notice given to the council as soon as practicable afterwards. The threshold for both is high, so the position should be confirmed before any works proceed.

Do I need a tree survey for my planning application?

Usually, if there are trees on or near the site that could be affected. A BS5837 survey categorises the trees and defines their Root Protection Areas, and it can be carried out at any time of year. It is best commissioned early, as it often shapes the layout of the scheme.

Can I clear hedges and trees on my site whenever I like?

No. Countryside hedgerows may require a removal notice, protected trees require consent, and clearing any vegetation during the March-to-August nesting season risks an offence if birds are present. Establishing the position first avoids both delay and prosecution.