Use this page to understand what a TPO is, how they work, and how to manage protected trees within the law.
Local planning authorities have specific powers to protect privately owned trees if they make a significant contribution to the public's local surroundings. They do this by serving a Tree Preservation Order (TPO).
A TPO makes it an offence to cut down, top, lop, uproot, wilfully damage or destroy a tree without our permission. We, the council, are the local planning authority for Bath and North East Somerset, therefore we can issue Tree Preservation Orders.
It is important to note that just because a tree is protected by a TPO, it does not make the council responsible for the tree. The owner remains fully responsible for the tree in question. To work on the tree, the planning authority's permission is required, unless the works are covered by an exemption.
For specific guidance and advice about tree health and care, visit the Arboricultural Association website.
TPOs are made when a tree is under threat. A tree could be under threat from:
- a notification of tree works in a conservation area which may relate to detrimental tree surgery and/or the felling of an important tree
- a planning application for development which may detrimentally affect important trees
- a local property for sale and local residents are concerned for the welfare of the tree
If you are unsure of your legal rights or obligations regarding a protected tree, please consult a solicitor.
You can view current TPOs on the Tree Preservation Order map.
The Local Land Charges Register will tell you whether any TPOs exist on a property, or whether a property lies within a conservation area. It is advisable to make an official search of the Local Land Charges before you purchase a property. You should ask your solicitor to tell you if any specific trees are protected.
You can check the Local Land Charges Register on the GOV.UK website.
If you suspect that an owner of a tree with a TPO doesn't have permission to prune or fell their tree, you can search for tree works applications and notifications by using the B&NES Planning Register.
Any tree could be protected by a TPO, including hedgerow trees. The order can cover anything from a single tree to woodlands. However hedges, bushes, and shrubs cannot be covered by TPOs.
When a request for a TPO is made, we assess the tree, group of trees, or woodland using the following criteria:
- visibility to the general public
- overall health, vigour and appearance
- suitability of location for future management
- contribution towards the character of a conservation area, World Heritage Site, or the overall green infrastructure of an area
- potential rarity of the tree species
- contribution to local ecology and habitats
- historical significance, for example veteran trees
If you want to request that a tree or trees are considered for a TPO, please email development_management@bathnes.gov.uk or write to:
Planning Services
Lewis House
Manvers Street
Bath
BA1 1JG.
Before you make your request
Please ensure that you provide accurate details of the tree location, along with your reasons why you think that protection is necessary. It is useful if you can also detail the level of threat the tree faces.
If a TPO is served
If a TPO is served, we will write to the tree owner and other interested parties (generally those nearby), enclosing a copy of the TPO. If you wish to share an opinion with us, please email us at development_management@bathnes.gov.uk.
Carrying out work on protected trees
Learn more about carrying out work on protected trees by expanding the following titles:
If you need to work on a protected tree containing less than 5 cubic metres of wood, you must complete the mandatory application.
You can apply online using the Planning Portal by selecting 'Start a planning application' and following the on-screen instructions.
For more information, guidance and a list of application requirements, please read the Works to Trees Application Checklist.
Working on larger, protected trees
If you wish to cut down a tree containing more than 5 cubic metres of wood, you may need to apply for a felling licence from the Forestry Commission. You can apply for a felling licence using the GOV.UK website.
In certain circumstances, a licence may not be necessary. Find out when you need to apply on the GOV.UK website, or visit the Forestry Commission website for more information.
If a protected tree requires a felling licence
If you plan to work on a tree with a TPO and you require a felling licence, the Forestry Commission will consider your application in consultation with the local planning authority.
If the Forestry Commission intends to grant a felling licence, it will notify the local planning authority. The local planning authority have the right to object to the proposal.
If the proposal is rejected by the local planning authority, the decision on the application will be referred to the Secretary of State for the Environment, Transport and the Regions.
Works to trees with TPOs normally require a planning application for permission. However, some exemptions do apply.
You do not need to make a formal application if:
- you are removing or pruning dead or dangerous trees (or parts of trees)
- you are working under an Act of Parliament
- you are working at the request of certain organisations specified in the TPO
- you need to remove or work on trees to enable demolition or construction activities following full planning consent
- you are working on trees in a commercial orchard
- you are pruning fruit trees appropriately
- you are preventing or controlling nuisance (please check with a solicitor before you begin works)
- you are felling trees in accordance with a Forestry Commission grant scheme
- you have already been granted a felling licence
If a protected tree is dead or dangerous and requires urgent work, you must provide at least 5 working days notice to your local planning authority.
To notify your local planning authority, please let us know by using the planning portal. If you do not have access to the planning portal, you can email development_management@bathnes.gov.uk.
If you conduct the works without adequate notice or authorisation
If you carry out the intended works without notifying the local planning authority with at least 5 working days notice, you could be prosecuted or be asked to plant a replacement tree.
Emergency situations
In an emergency, where you need to act without delay, you are advised to keep a photographic record of the situation and the work that was undertaken. You are responsible for providing proof that the works were essential.
You will be responsible for planting replacement trees if:
- you cut down or destroy a protected tree
- you are in breach of an order (unless the planning authority says you do not need to)
- you have been given permission to cut down a protected tree, but replanting is a condition of the permission
- you have been granted a felling licence by the Forestry Commission (unless otherwise stated)
Please be aware that local planning authorities have legal powers to ensure that the replacement tree is planted.
If you deliberately destroy a protected tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in the magistrate's court. For any other offences, you could be fined up to £2,500.
Please be aware that the court will consider whether the offence was beneficial to you personally when considering the value of the fine.
If your application to work on a tree protected by a TPO is refused, you can appeal to the Secretary of State. You must appeal within 28 days of the decision.
Find out how to appeal a TPO decision.
Compensation
If your application to work on a protected tree is refused (or granted with limiting conditions), and you suffer loss or damage as a result, you may be able to seek compensation from your local planning authority.
Tree Preservation Orders and Conservation Orders provide different levels of tree protection. If you want to carry out work on a tree within a Conservation Area but is not protected by a TPO, you must give your planning authority 6 weeks' notice in writing. You must not carry out any work during the 6 week period without permission. If you do, you could be fined.
Exceptions within conservation areas
You do not need permission to cut down or work on trees less than 7.5cm in diameter (measured 1.5 metres above the ground) or 10cm in diameter if thinning to help the growth of other trees.
Tree Preservation Orders cannot be used to prevent planning permission or development from continuing. Regardless of their level of protection, all trees will be considered when deciding planning applications. Once detailed planning permission is granted, any felling required to enable the project to go ahead may begin. Please be aware that any felling must commence within the relevant time limit.
Protecting trees on development sites
Trees on development sites can be protected by TPOs or by conditions within the planning permission, or both. Planning conditions may also require you to protect existing trees and plant new ones.
Cutting protected trees back or down
You can only cut down or cut back protected trees if they are directly in the way of development which is about to start.
Prior to starting any tree work, you must have detailed planning permission. You cannot conduct tree works with outline planning permission. Please check with the local planning authority before starting any tree works, you could be prosecuted if you have cut down or cut back excessively.
Developments without planning permission
If the development does not require planning permission (for example, putting up a garden shed), you must still apply to your local planning authority for permission under the Tree Preservation Order if pruning (including root pruning) is necessary to enable the construction.