Do I Need Tree Removal Permission in Devon for My Property?

Do I Need Tree Removal Permission in Devon for My Property?

This article explains how tree removal permission in Devon works, what exemptions apply, and the correct procedures under current UK legislation.

Cutting down or carrying out work on a tree within your property may seem simple, but in many cases you’ll need formal consent or must give notice first. Whether it’s due to legal protection, planning conditions, or conservation regulations, understanding when permission is required is essential to avoid enforcement action.

When Is Permission Required?

You may need permission to cut down or work on a tree if:

• The tree is subject to a Tree Preservation Order (TPO)
• The property is within a Conservation Area
• The work forms part of a development proposal that affects protected trees

Carrying out work without consent can lead to significant fines and replanting requirements. Always check before starting any tree removal.

Tree Preservation Orders (TPOs)

A Tree Preservation Order is a legal tool used by local planning authorities (LPAs) to protect specific trees, groups of trees, or woodlands.
If a tree is covered by a TPO, it is an offence to:

• Cut down
• Top or lop
• Uproot
• Wilfully damage or destroy

…without the LPA’s written consent.

Applications are usually determined within eight weeks and must clearly specify the proposed works and reasons.

Exemptions Under a TPO

Certain limited exemptions exist but are strictly interpreted:

• Dead trees – You must give the LPA at least five working days’ written notice before carrying out work.
• Immediate risk of serious harm – Minimum necessary works may be carried out to make the tree safe, but you must notify the LPA as soon as practicable afterwards.
• Deadwood removal from a living tree – Removing dead branches only does not require consent or notice.
• Works required to comply with an Act of Parliament (for example, clearance near highways or utilities) – only the minimum works necessary to meet that obligation.
• Abatement of a legal nuisance – only minimal works required to remove the nuisance.

In all cases, keep detailed records and photographs of the defect or hazard to justify the action taken.

Root work—such as root pruning, trenching, or installation of underground services—is considered “work” under a TPO and also requires consent.

Conservation Areas

If your property lies within a Conservation Area, trees benefit from automatic protection.
You must give the local planning authority six weeks’ written notice before carrying out most types of work, unless:

• The tree has a diameter of less than 75 mm (measured at 1.5 m above ground level over bark), or
• You are pruning a tree to improve another’s growth and the stem is less than 100 mm in diameter.

The six‑week notice allows the authority to decide whether to serve a TPO.
Work carried out without notice can lead to prosecution.

Overhanging Branches and Boundaries

You may cut branches back to your boundary only if the tree is not protected by a TPO or within a Conservation Area.
Where protection applies, you must first obtain consent or give the required notice before cutting, even if the branches overhang your property.

Any removed material remains the property of the tree’s owner and should be offered back.

Trees and Planning Permissions

Where full planning permission specifically authorises the works (for example, tree removal necessary to implement the approved development), TPO controls do not apply to those authorised works only.
However, if the permission does not explicitly include tree removal, you will still need consent.

Devon Tree Services regularly assists developers and homeowners in interpreting these requirements and preparing the necessary documentation.

Felling Licences (Outside Gardens)

If you’re working outside a garden—on farmland, woodland, or open ground—you may also need a Forestry Commission felling licence.

A licence is generally required if:

• More than 5 cubic metres of timber are felled in any calendar quarter, and
• No more than 2 cubic metres of that timber are sold without a licence.

Exemptions apply for gardens, orchards, churchyards, and certain small-scale works, but professional advice should always be sought before large‑scale felling.

Penalties for Unauthorised Tree Work

Breaching a TPO or carrying out unauthorised work in a Conservation Area is a criminal offence.

• Fines can reach £20,000 per tree in the Magistrates’ Court
• Unlimited fines may be imposed by the Crown Court
• The LPA can also issue a Tree Replacement Notice requiring replanting

Authorities take such offences seriously, so it’s vital to confirm consent before starting.

Best Practice for Evidence and Notifications

If emergency or exempt works are required:

• Photograph defects, decay, or failure points before starting
• Record dates, locations, and reasons for action
• Serve the 5‑day notice for dead trees
• Notify the LPA immediately after urgent work on dangerous trees

Keeping accurate evidence demonstrates compliance and protects you from enforcement action.

Summary: Tree Removal Permission in Devon

Professional Tree Advice and Tree Removal Permission in Devon

Understanding tree protection law can be complex. At Devon Tree Services, we help homeowners, landowners, and developers navigate every stage of the process—from identifying protected trees to preparing and submitting applications, notices, or supporting surveys.

Our work is carried out in line with BS3998:2010 Tree Work – Recommendations and all relevant environmental legislation.

For expert guidance or to arrange a site visit, contact our team today.

Phone: 01803 814126
Email: info@devontreeservices.co.uk