Tree Preservation Orders exist to protect trees that matter to the local area. If you own land or property in Hampshire, there is a reasonable chance at least one tree near you is protected — and the consequences of getting it wrong are serious. This guide covers what TPOs are, how they work, and what you need to do before carrying out any tree work.
1. A TPO is a legal order, not a guideline
A Tree Preservation Order is made under the Town and Country Planning Act 1990. It is a formal legal instrument issued by a local planning authority (LPA) — your district or borough council — and it carries the full weight of planning law.
Once an order is in place, it is an offence to cut down, uproot, top, lop, willfully damage or willfully destroy a protected tree without first obtaining consent from the council. The legislation covering the detail of how TPOs work is The Town and Country Planning (Tree Preservation) (England) Regulations 2012, which sets out the process for making orders, applying for consent, and appealing decisions.
Ignorance of an order is not a defence. If a tree on your property carries a TPO and you carry out unauthorised work, you can be prosecuted regardless of whether you knew the order existed.
2. The fines are substantial
The maximum fine for damaging or destroying a tree protected by a TPO is £20,000 per tree, issued in a magistrates’ court. In cases where a developer or landowner destroys a protected tree for commercial gain, the fine can reflect that gain — which means the upper limit is effectively uncapped.
Courts take these cases seriously. Local planning authorities actively monitor protected trees and investigate reports from members of the public. Councils in Hampshire, including Southampton City Council and Test Valley Borough Council, have prosecuted landowners in recent years for unauthorised tree work.
If a protected tree is removed without consent, the council can also require you to plant a replacement tree of a specified size and species.
3. TPOs can protect individual trees, groups, or entire woodlands
Not all TPOs are the same. An order can be placed on a single tree, a group of trees, an area of trees, or a woodland. The type of order affects how it applies and what consents are needed for different types of work.
An area TPO, for example, covers every tree within a defined boundary — including young trees that have grown up since the order was made. A woodland TPO covers the woodland as a whole rather than individual stems.
If you are unsure whether a tree is protected, you can check with your local council’s planning department. Most councils publish their TPO registers online, and a search by address or postcode will tell you whether any orders apply to your land.
4. Conservation Areas provide similar protection
If your property sits within a Conservation Area, trees above a certain size are protected even without a TPO. Specifically, any tree with a trunk diameter of 75mm or more, measured at 1.5 metres above ground, requires prior notification to the council before any work is carried out.
You must give the council six weeks’ written notice before starting work on a tree in a Conservation Area. The council can use that period to make a formal TPO on the tree if they consider it worth protecting. If they take no action within six weeks, you can proceed.
Southampton, Winchester, Romsey and many other Hampshire towns contain large Conservation Areas. If you are unsure whether your property falls within one, your council’s planning portal will confirm this.
5. Some work is permitted without consent
Not every piece of tree work on a protected tree requires formal consent. The regulations allow certain work to be carried out without an application, provided it meets specific criteria.
Permitted work includes the removal of dead branches, work necessary to prevent immediate danger to people or property, and work required to comply with certain statutory obligations. However, the permitted exemptions are narrow and specific. Carrying out work on the basis that it might be permitted, without checking first, is a risk.
Before touching a protected tree, contact your local planning authority or speak to a qualified arborist. An ARB Approved Contractor can advise you on whether your planned work requires consent and help you prepare a compliant application if needed.
6. Applying for consent is straightforward
If you want to carry out work on a protected tree, you need to submit a TPO application to your local planning authority. The process is free of charge and applications are made through the Planning Portal or directly to your council.
Your application should describe the tree, the work you want to carry out, and the reason for it. Supporting photographs and a written statement from a qualified arborist will strengthen your case. Councils are more likely to approve applications that are well-evidenced and propose work in line with good arboricultural practice.
The council has eight weeks to make a decision. If they grant consent, it will usually come with conditions specifying how the work must be carried out and by whom. If they refuse, you have the right to appeal.
For applications involving significant tree work, a BS5837:2012 tree survey is often useful — it provides the council with the technical information they need to assess your application properly.
7. Acting before you check is never worth the risk
The most common reason homeowners end up in difficulty with TPOs is acting first and checking later. A tree blocks light, causes damage to a path, or simply gets in the way of a planned garden project — and work starts before anyone establishes whether the tree is protected.
The £20,000 fine is a deterrent, but the practical consequences can be just as disruptive. Councils have the power to require replacement planting, and the specified replacement is often larger and more expensive than the work saved by not checking.
If you are planning any tree work and are not certain of the tree’s status, a short call to your council’s planning department takes five minutes. Alternatively, an ARB Approved arborist can check the position for you and advise on next steps.
HRG Tree Surgeons carries out tree work throughout Southampton and Hampshire. If you have a tree you are concerned about, we can assess it, advise on its status, and manage the consent process on your behalf where needed. Contact us for a free initial conversation.
For further guidance on TPOs, the government publishes detailed guidance at gov.uk. The Arboricultural Association also publishes resources for tree owners and landowners.
