If you’re planning a construction project, there’s a good chance you’ve been told to think about trees. What you might not realise is that some of those trees could be legally protected, and ignoring this can derail your entire project before it even gets off the ground.
Understanding how these protections work and what they mean for your planning application can save you months of delays, thousands in fines, and a lot of unnecessary stress.
What is a tree preservation order?
A tree preservation order, or TPO, is a legal protection placed on a tree or group of trees by the local council. Once a tree is protected, it becomes a criminal offence to cut it down, top it, lop it, uproot it, or damage it in any way without first getting permission.
Local authorities use TPOs to protect trees they consider important to the local area. This might be because of the tree’s size, rarity, position, or the contribution it makes to the landscape. A single mature oak in a prominent spot is a classic candidate, but protections can also cover groups of trees, woodlands, or entire areas.
The key thing to understand is that the protection doesn’t just cover the bits you can see above ground. It covers the whole tree, including the roots, which means construction activity anywhere near a protected tree needs careful planning.
How this affects your planning permission
If your site has protected trees, you’ll need to address this in your planning application. The council will want to see that you’ve considered them and that your plans won’t cause harm.
This usually means submitting a tree survey and a protection plan as part of your application. The survey identifies all the trees on or near your site, notes which ones are protected, and assesses their health and value. The protection plan sets out exactly how you’re going to safeguard them during construction.
If the council isn’t satisfied that protected trees will be properly looked after, they can refuse your application or attach conditions that restrict what you can do and where.
What if you need to remove a protected tree?
Sometimes construction isn’t possible without removing a tree. In these cases, you can apply to the council for permission to carry out the work.
You’ll need to make a strong case for why the tree needs to go. The council will consider things like the health of the tree, its value to the area, whether the development could be redesigned to keep it, and what replacement planting you’re proposing.
Getting permission isn’t guaranteed, and the process can take time, so it’s best to factor this into your project timeline from the start. A professional tree surgeon can help you put together an application that gives you the best chance of approval.
Trees in conservation areas
Even if a tree doesn’t have a TPO, it might still be protected if your site is in a conservation area. Trees in these areas have automatic protection, which means you need to give the council six weeks’ notice before doing any work on them.
During those six weeks, the council can decide whether to place formal protection on the tree, which would then require you to apply for permission before going ahead. It’s another reason why checking the status of trees on your site early in the planning process is so important.
Root protection zones and construction
One of the most common ways that construction damages trees is through root disturbance, and this applies whether or not formal protection is in place.
Tree roots don’t just go straight down. They spread outwards, often extending well beyond the edge of the canopy. The root protection zone is the area where these roots are most concentrated, and where construction activity is most likely to cause harm.
Digging within this zone can sever roots directly. Driving heavy machinery over it compacts the soil and cuts off oxygen. Storing materials on it can have the same effect. Even changing the ground level or drainage patterns nearby can slowly kill a tree that looks perfectly healthy on the surface.
For protected trees, damaging the roots is just as much an offence as cutting the tree down. Your protection plan needs to show how you’re going to keep construction activity away from vulnerable root zones.
What can go wrong without proper planning?
Failing to account for protected trees during your construction project can cause serious problems.
- Planning applications refused or delayed because tree impacts haven’t been addressed
- Conditions attached to your permission that limit where and how you can build
- Work halted mid-project because protected trees are being damaged
- Fines for carrying out unauthorised work
- Requirements to plant replacement trees at your own expense
- Criminal prosecution in serious cases
These issues can set your project back by months and damage your reputation with the local authority, making future applications harder.
Why you need a professional tree surgeon
Dealing with protected trees and planning applications isn’t something most builders or architects handle regularly. A professional tree surgeon brings specialist knowledge that can make the whole process smoother.
“A lot of people don’t even know there’s a TPO on their site until they’ve already submitted plans and had them knocked back,” says Thor, founder of Thor’s Trees in North London. “By then they’ve lost time and they’re scrambling to sort it out. If you get a tree surgeon involved early, we can check what’s protected, carry out the surveys, and help you design around the trees so your application has the best chance of getting through the first time.”
A tree surgeon can also act as a liaison with the council’s tree officer, helping to negotiate solutions that work for everyone and demonstrating that you’re taking tree protection seriously.
When to check what’s protected
The earlier you check, the better. Ideally, you should find out whether any trees on your site are protected before you even start drawing up plans. This gives you time to factor them into your design and avoid expensive redesigns later on.
You can check by contacting your local council’s planning department or searching their online records. However, records aren’t always complete or up to date, so it’s worth having a tree surgeon carry out a proper assessment as well.
A tree surgeon can help with:
- Checking for existing protections on your site
- Carrying out tree surveys for planning applications
- Calculating root protection zones
- Preparing tree protection plans
- Applying for permission to work on protected trees
- Advising on replacement planting
- Monitoring tree protection during construction
Protecting trees protects your project
Mature trees add real value to a property. They provide screening, shade, and character that new planting takes decades to replicate. Keeping them healthy throughout your construction project isn’t just good for the environment, it’s good for your investment too.
Taking tree protection seriously from the outset shows the council that you’re a responsible developer and makes your planning application much more likely to succeed.
Frequently asked questions
How do I find out if a tree is protected?
You can check with your local council’s planning or tree officer, or search their online planning portal. Some councils have interactive maps showing protected trees. A tree surgeon can also help you identify them as part of a site survey.
Can I appeal if my application to work on a protected tree is refused?
Yes, you can appeal to the Planning Inspectorate if the council refuses your application. However, appeals take time and there’s no guarantee of success, so it’s better to work with the council to find an acceptable solution if possible.
What’s the penalty for damaging a protected tree?
Fines can be unlimited in the Crown Court. Even in magistrates’ courts, fines can reach tens of thousands of pounds. You may also be required to plant replacement trees.
Do these protections expire?
No, a TPO remains in force indefinitely unless it’s formally revoked by the council. If a protected tree dies or is removed with permission, the order technically still exists, though it no longer has any practical effect.
Will a tree survey delay my planning application?
Not if you plan ahead. A survey can usually be completed within a few days, and having one ready to submit with your application actually speeds things up by giving the council everything they need to make a decision.