If you’ve recently discovered that a tree on your land is protected, it’s natural to wonder why the council chose to serve a Tree Preservation Order (TPO) in the first place.
A Tree Preservation Order (TPO) is made by a Local Planning Authority (LPA) to protect trees that provide significant public amenity value. In simple terms, the council believes the tree contributes meaningfully to the character, appearance, or environmental quality of the wider area — not just the property it stands on.
Understanding why a TPO has been served can help you navigate the process confidently and make informed decisions about future management.
What Is a Tree Preservation Order?
A Tree Preservation Order is a legal protection made under the Town and Country Planning Act 1990. Once in place, it becomes a criminal offence to:
- Fell
- Uproot
- Lop
- Top
- Prune
- Cut roots
- Wilfully damage or destroy
a protected tree without prior written consent from the Local Planning Authority.
Importantly, TPO protection applies regardless of who owns the tree.
When Will an LPA Serve a TPO?
A Local Planning Authority may serve a TPO where it believes it is expedient in the interests of public amenity. That is the core test.
Common reasons include:
1. Strong Visual Contribution
If a tree plays a significant role in shaping the local streetscape or rural landscape, it may be protected. This often includes trees that:
- Form part of an avenue or skyline
- Frame views from public roads
- Anchor the character of a street or village green
- Provide screening between developments
The tree must be visible from a public place for amenity value to be considered.
2. Prominence and Public Visibility
Trees that are highly visible from:
- Public highways
- Footpaths
- Parks
- Open spaces
are more likely to qualify for protection. Visibility alone is not enough — but prominence combined with good condition strengthens the case.
3. Contribution to Local Character
A tree may be protected if it contributes to:
- The setting of a conservation area
- The identity of a village or historic street
- The rural character of the surrounding landscape
Even relatively common species can qualify if they significantly enhance the area.
4. Historical, Cultural or Ecological Importance
Trees with historical associations, landmark status, or ecological significance may also be considered for protection. This includes:
- Veteran trees
- Trees linked to historic estates or listed buildings
- Trees forming important wildlife habitat corridors
However, protection is primarily based on amenity value, not rarity alone.
5. Perceived Threat of Removal or Excessive Pruning
Very often, a TPO is served when the council becomes aware that works may be planned.
This can occur if:
- An application for tree works is submitted
- A planning application is made
- A complaint or concern is raised
- Officers observe activity suggesting imminent felling
In such cases, the LPA may issue a provisional TPO to prevent irreversible loss while the situation is reviewed.
Does a Tree Have to Be Ancient or Rare?
No.
The key factor is public amenity value, not rarity.
A healthy, mature tree that defines the character of a residential street in Devon may qualify for protection even if it is a common species such as sycamore, lime, or oak.
However, trees that are:
- Dead
- Structurally unsound
- In severe physiological decline
are unlikely to receive protection, as their amenity value is limited.
Can a TPO Be Served Without the Owner’s Consent?
Yes.
A Local Planning Authority can serve a TPO at any time if it considers it expedient in the public interest. The landowner does not need to request it.
Once served:
- The TPO takes immediate provisional effect
- The authority has six months to confirm it
- Objections may be submitted during the consultation period
After confirmation, the TPO remains in force indefinitely unless formally revoked.
What Happens If You Carry Out Work Without Consent?
Carrying out unauthorised works to a protected tree is a criminal offence.
Penalties include:
- Fines of up to £20,000 per tree in the Magistrates’ Court
- Unlimited fines in the Crown Court for more serious offences
- A duty to replace a removed tree
Certain statutory exemptions apply, including:
- Removal of dead trees (5-day written notice required)
- Removal of dead branches from a living tree
- Minimum necessary works to remove immediate risk of serious harm (with prompt notification to the LPA)
However, exemptions must be interpreted carefully, and the burden of proof rests with the landowner.
How to Respond If Your Tree Is Protected
If a TPO has been served on your tree, the best approach is measured and informed.
You should:
- Confirm the TPO details with the Local Planning Authority
- Establish whether works genuinely require consent
- Seek professional arboricultural advice
- Submit a properly justified application if works are needed
Applications should clearly state the pruning objective (for example, crown reduction, crown thinning, or deadwood removal) and must align with BS3998:2010 Tree Work – Recommendations.
How Devon Tree Services Can Help
At Devon Tree Services, we regularly support homeowners and landowners across Devon with TPO-related matters. We can:
- Check whether a tree is protected
- Explain why a TPO may have been served
- Assess the tree’s condition and risk profile
- Advise on the likelihood of gaining consent
- Prepare and submit applications on your behalf
- Carry out approved works in full compliance with BS3998 and relevant legislation
Early professional advice can prevent delays, enforcement action, and unnecessary stress.
Final Thoughts
A Tree Preservation Order is not designed to prevent sensible tree management. It exists to ensure that trees of public value are not removed or damaged without proper consideration.
If your tree is protected, it means the Local Planning Authority considers it important. The key is not to panic — but to understand your responsibilities and take a proportionate, informed approach.
If you’re unsure why a TPO has been served or what your next steps should be, contact Devon Tree Services for clear, expert guidance.
Phone: 01803 814126
Email: info@devontreeservices.co.uk
