How to check for tree protection orders and conservation areas

Before you start any work on a tree, you must find out if it is legally protected. The quickest way to do this is by checking the interactive planning maps on your local council's website. Failing to get the right permission before starting work can lead to a criminal record and fines of up to £20,000 per tree, so this is a step you cannot afford to skip.

What are TPOs and Conservation Areas?

Understanding the two main types of protection is key:

• Tree Preservation Order (TPO): This is a legal order made by the council to protect a specific tree, a group of trees, or a woodland. It makes it an offence to cut down, top, lop, uproot, or wilfully damage the tree without the council's permission.
• Conservation Area: This is an area of special architectural or historic interest. All trees within a Conservation Area that have a trunk diameter of 75mm or more (measured at 1.5m from the ground) are automatically protected.

How to Check if a Tree is Protected

Follow these steps to check the status of a tree at your client's property:

1. Visit the local council's website: Go to the website for the council that covers the property's address.
2. Find the planning section: Look for a section labelled "Planning", "Planning and Building Control", or similar.
3. Locate the interactive map: Search for terms like "planning map", "TPO map", or "local map". Most councils have an online map system you can use.
4. Search for the address: Enter the property's postcode or address to zoom in on the location.
5. Check the map layers: The map will have different layers you can turn on and off. Look for layers named "Tree Preservation Orders" and "Conservation Areas". Protected trees are often marked with a symbol, and conservation areas are usually shown as a shaded or outlined zone.

What to Do if a Tree is Protected

If you discover the tree is covered by a TPO or is within a Conservation Area, you cannot start work. You must apply for permission first.

• For a TPO tree: You must submit a formal "Application for tree works".
• For a Conservation Area tree: You must give the council six weeks' written notice of your intent to carry out the work. This is often called a "Section 211 notice".

In both cases, you will need to complete a standard application form, detailing exactly what work you propose to do and why. The council's tree officer will review the application and may visit the site before making a decision. This process typically takes 6-8 weeks.

Top Tips for Success

• Always check for yourself. Never rely on the client's word that a tree isn't protected. The legal responsibility falls on you, the person carrying out the work.
• If in doubt, call the council. If you can't find the information online, phone the council's planning department and ask to speak to the Tree Officer. They can confirm the status of a tree for you.
• Factor in the timescale. Make sure your client understands that if an application is needed, it will add several weeks to the project timeline before work can begin. Build this into your quotes and schedules.
• Keep records. Keep a copy of any applications you submit and the council's decision letter as proof that you have followed the correct procedure.