Tree Protection Orders (TPO)
A Tree Protection Order (TPO) is a legal mechanism in the used to protect specific trees or woodlands in the interest of amenity. Once a TPO is in place, it becomes a criminal offence to cut down, top, lop, uproot, or wilfully damage or destroy a tree without permission from the local planning authority.
Examples of TPO Offences
- A developer cutting down protected trees before applying for planning permission.
- A homeowner pruning branches heavily without checking if the tree is protected.
- A contractor damaging roots while installing driveways near protected trees.
Offences under a Tree Protection Order (TPO)
Here are the key offences related to TPOs:
Carrying Out Prohibited Works
It is an offence to:
- Cut down,
- Uproot,
- Top,
- Lop,
- Wilfully damage,
- Or wilfully destroy a tree protected by a TPO without written consent from the local planning authority
Permitting or Causing Unauthorised Works
Even if someone else carries out the work (e.g. a contractor), the owner or person instructing the work may also be liable if they caused or permitted the offence.
Failing to Replace a Tree
If a protected tree is removed (with or without permission), there is usually a legal duty to plant a replacement. Failing to comply with a replacement notice may also be an offence.
Penalties for TPO Offences
- Magistrates’ Court: Fines of up to £20,000 per tree.
- Crown Court (more serious cases): Unlimited fines.
- The court may also issue orders requiring replanting or restoration.
Defences Available
A person may avoid prosecution if they can show:
- The work was necessary to prevent an immediate danger to persons or property.
- They were acting in accordance with statutory powers.
- The tree was dead or dangerous, but this must be proven with expert evidence, and the onus is on the defendant.
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