Understanding what qualifies as “tree work” is essential if you’re dealing with protected trees in Devon. Whether a tree is covered by a Tree Preservation Order (TPO) or lies within a Conservation Area, certain actions require formal consent or notification before any work begins.
In this guide, we explain what activities are classed as tree work under UK legislation, when you need to apply for permission, and how to stay compliant with the law. If you’re unsure about tree work permission in Devon, this article will help clarify your responsibilities.
What Is a TPO and What Does It Protect?
A Tree Preservation Order is a legal designation made by a local planning authority (LPA) to protect trees that provide public amenity or contribute to the local environment. TPOs can apply to:
• Individual trees
• Groups of trees
• Woodlands
• Trees in public or private spaces
Once a TPO is in place, no “work” may be carried out without written consent from the LPA.
What Is Tree Work?
Tree work includes any activity that physically affects a protected tree’s structure or root system. This applies not just to felling or pruning, but also to ground-based operations that may impact root zones.
The following actions require permission under a TPO or notice in a Conservation Area:
• Felling (complete removal)
• Pruning (including crown reduction, thinning, or lifting)
• Topping or lopping
• Cutting roots
• Uprooting
• Damaging the trunk, bark, or branches
• Installing structures or utilities that may impact the root protection area
• Trenching, excavation, or level changes around the base of the tree
Note: Even if the tree is within your own boundary, these rules still apply.
Root Work Is Tree Work
A common oversight is assuming that work below ground is exempt. In fact, root pruning, trenching, or excavation within the root protection area (typically 12x the diameter of the trunk) is considered tree work and requires the same level of permission as pruning above ground.
This includes:
• Installing driveways, footpaths, or drainage
• Digging service trenches
• Lowering ground levels
• Compaction or resurfacing near trees
If the tree is protected, carrying out root-related work without consent can result in prosecution.
Tree Work in Conservation Areas
Trees within a Conservation Area that are over 75 mm in diameter at 1.5 m above ground level (measured over bark) are protected by default. If no TPO is in place, you still need to give the LPA six weeks’ written notice before carrying out any work.
The authority may respond by:
• Approving the work
• Objecting and issuing a TPO
• Requesting additional information
• Taking no action (after which the work can proceed)
Failing to give notice is a criminal offence, even if the tree is not TPO-protected.
What Does Not Require Permission?
Some activities are exempt from consent or notice requirements. These include:
• Removal of deadwood from a living tree – Dead branches can usually be removed without consent, provided no live tissue is affected.
• Works on dead trees – If a tree is completely dead, you may remove it after giving at least five working days’ notice to the LPA.
• Emergency work to remove immediate risk of serious harm – Minimum work may be carried out, but you must notify the LPA as soon as practicable afterwards and retain evidence.
• Trees with a diameter under 75 mm in Conservation Areas (or under 100 mm if thinning for the benefit of another tree).
Important: The burden of proof is on the landowner or contractor. We strongly recommend photographing defects and keeping written records of any exempt work.
Do I Need Permission to Cut Overhanging Branches?
You may remove overhanging branches back to your property boundary only if the tree is not protected.
If the tree is covered by a TPO or is within a Conservation Area, you must apply for consent or give notice before carrying out even minor pruning—regardless of where the branches overhang.
Tree Work and Planning Permission
Where tree work is explicitly authorised in a full planning permission, separate TPO consent is not required—but only for the works necessary to implement the approved development. Any additional or unrelated tree work still needs consent.
We regularly support developers and property owners in interpreting these interactions and preparing tree constraints plans, arboricultural method statements, and planting plans for submission.
Penalties for Unauthorised Tree Work
Carrying out unauthorised work to a protected tree is a criminal offence. Penalties include:
• Fines up to £20,000 per tree in a Magistrates’ Court
• Unlimited fines in the Crown Court for more serious offences
• Replanting notices requiring you to replace felled trees
• Enforcement actions that may impact planning or property sales
How to Stay Compliant
To ensure your project proceeds lawfully:
• Always check for TPOs or Conservation Area status
• Take photos and keep records before any exempt works
• Submit a written application or six-week notice where required
• Use a qualified arboricultural consultant or tree surgeon to assess and document the proposed works
• Keep all communications and consents on file
At Devon Tree Services, all pruning and tree work is undertaken in accordance with BS3998:2010 Tree Work – Recommendations and relevant environmental legislation, including the Wildlife and Countryside Act.
Need Help with Tree Work Permission in Devon?
If you’re planning tree work and aren’t sure whether permission is required, our expert team can advise, prepare applications, liaise with the local authority, and carry out the work safely and legally.
We work with private homeowners, planning consultants, architects, developers, and local authorities to ensure full compliance from start to finish.
Phone: 01803 814126
Email: info@devontreeservices.co.uk
