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What a TPO isWhat it stopsFinesHow to checkWhat needs consentHow to applySpecial situations
The short answer. Check before you cut. If the tree has a TPO, you need the council's written consent first. If it's in a conservation area but has no TPO, you give six weeks' notice instead. If it's dead you can generally act, but tell the council first and keep photographs. We check the council's records for you as part of every quote.
| Your situation | What to do |
|---|
| You don't know whether the tree has a TPO | Check before you cut. We can check for you, free, as part of a quote |
| The tree has a TPO and you want to prune or remove it | Apply to the council for consent, with a clear description of the work and the reasons |
| The tree is in a conservation area but has no TPO | Different process: six weeks' notice. See our conservation area guide |
| The tree is dead | No formal permission, but give the council notice and keep evidence |
| The tree is dangerous | Only the urgent works necessary; tell the council; keep evidence |
| The tree is not protected | Generally no permission, but check for nests and bats |
What a TPO Is
Croydon Council says a TPO prevents visually important trees from being removed or pruned without formal permission. It can cover a single tree, a group, an area or a woodland. It is made under the Town and Country Planning Act 1990 and the Town and Country Planning (Tree Preservation) (England) Regulations 2012.
What a TPO Stops You Doing
You need the council's consent before cutting down, topping, lopping or otherwise damaging a protected tree.
- Cutting down
- Topping
- Lopping (cutting off branches)
- Uprooting
- Wilfully damaging or destroying, which can include cutting roots. Check with the council before cutting roots of a protected tree
So a TPO covers pruning as well as removal, and a "tidy-up" can be an offence if the tree is protected.
The Four Types of TPO
| Type | What it protects | The catch |
|---|
| Individual | One named tree | Easy to identify on the map |
| Group | A named group of trees as a whole | Individual trees within it are protected, even if not obvious |
| Area | All the trees in a mapped area as they were when the order was made | The map shows an area, not individual trees, so you can't tell by looking |
| Woodland | All trees in a mapped woodland, including ones that grow or are planted later | Wider than an area order |
Older orders often use the area type. That's one reason guessing is risky.
Fines
Croydon Council says a fine of up to £20,000 can be imposed for cutting down a protected tree without permission, and up to £2,500 for pruning one. More serious cases can go to the Crown Court, where fines have no upper limit. The person who carries out the work can be prosecuted as well as the owner. If a protected tree is removed without consent, you may also have to plant a replacement.
A good tree surgeon asks about protection before quoting. If someone offers to cut your tree without asking about TPOs or conservation areas, that's a warning sign. See how to choose a tree surgeon.
How to Check Whether Your Tree Is Protected
- Email Croydon Council's development management team at development.management@croydon.gov.uk with the tree's details and your address. We found no open Croydon TPO register, so checks go through the council.
- Check conservation area status too, because a tree without a TPO may still be protected. See our conservation area guide.
- Look at your property papers. TPOs are normally recorded as local land charges, so the searches your conveyancer carries out when you buy a home should reveal them.
- Ask us. Send an address and a photo, and we check as part of every quote.
Don't assume a tree isn't protected because there's no sign on it. TPOs are rarely marked on the ground.
What Work Needs Consent, and What Doesn't
| Work | Consent needed? |
|---|
| Cutting down, topping, lopping, uprooting or damaging a protected tree | Yes |
| Pruning a protected tree, even lightly | Yes, unless an exemption applies |
| Removing a dead tree | No consent, but the council asks for five days' notice of work to a dead or dangerous tree, and you should keep photographs |
| Removing a dying tree | Yes |
| A dangerous tree | Only the urgent works necessary; tell the council; keep evidence |
| Work to prevent a legal nuisance | A narrow exemption, which doesn't cover ordinary inconvenience such as leaf fall or shade |
| Work to implement a full planning permission | May be exempt, but don't rely on it without checking. Outline permission doesn't count |
"Dying" isn't "dead." A dying tree still needs consent. And "dangerous" doesn't mean "inconvenient" or "too big." Keep photographs, and ideally a report from a qualified arboriculturist. See tree surveys and emergency tree work.
How to Apply for Consent
You apply through the council's tree works application. The council states there is currently no application fee. It suggests getting professional advice when completing the form, which is where a tree report can help. We prepare and submit it for you.
- Decide exactly what you want done and why. Be specific. Vague applications get refused or sent back.
- Make the application, with the address, a plan or sketch showing the tree's location, species if known, the exact work, the reasons, photographs, and any supporting evidence such as a tree report or an engineer's report.
- Wait for the decision. Councils normally aim to decide within eight weeks.
- Read the decision carefully. Consent may be given, given with conditions (for example replacement planting), or refused.
- Carry out the work exactly as consented, within the time allowed, usually two years.
- If it's refused, you can usually appeal within 28 days.
Describing the Work: Examples
| Vague (likely to be queried) | Clear (more likely to be validated) |
|---|
| "Prune oak" | "Crown reduce by up to 2m on the house side, leaving a balanced crown. All work to BS 3998:2010" |
| "Cut back tree" | "Crown lift to 4m above ground level by removing low branches on the road side" |
| "Remove tree" | "Fell the sycamore and grind the stump. Reason: structural damage; engineer's report attached. Replace with a [species]" |
| "Trim branches" | "Remove the two deadwood limbs over the garage roof and the broken limb at 6m" |
A good application also explains why: damage to a building, safety, poor health or excessive shade, with evidence.
Special Situations
A neighbour's protected tree. You can't prune it, even on your side of the boundary, without consent. Ask the owner, and apply together if the work is shared.
A protected tree and subsidence. If a protected tree may be affecting your building, don't remove it before taking advice. Your insurer and engineer can provide evidence for an application. See trees near buildings.
A planned extension. A TPO affects the design as well as the tree. Check before you plan, and get a tree report for the application.
Buying a property. Check for TPOs through the searches, and ask the seller. Old consents and conditions may still apply.
Hedges. A garden hedge itself is generally not protected by a TPO, but trees growing in it can be. See hedge cutting.
Nesting birds and bats. A TPO consent doesn't override wildlife law. See our nesting season guide.
