Legal Aspects

Trees and the Law

Legal aspects

Trees and the law are closely connected. From ownership and duty of care to Tree Preservation Orders, conservation areas, development and damage to property, legal responsibilities can influence how trees are inspected, protected and managed. Kirkley Tree Care provides independent arboricultural advice to help clients understand these responsibilities and make informed, proportionate decisions.

Tree owners have a legal duty of care, but this does not require the elimination of all risk. Good tree management should be reasonable, proportionate and appropriate to the circumstances, balancing the benefits provided by trees with the risks they may present.

Enquire Here

Lady Justice Statue

Tree Preservation Orders (TPOs)

A Tree Preservation Order (TPO) may be made by a Local Planning Authority to protect trees or woodlands in the interests of amenity. A TPO prohibits the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of a protected tree without the written consent of the Local Planning Authority, unless an exemption applies. Cutting roots can also constitute prohibited work and may require consent.

A TPO may protect::

Individual Trees

Groups of Trees

Woodlands

Areas of Trees

Legal Implications

A confirmed TPO is recorded as a local land charge and remains relevant to future owners of the property. With limited exceptions, works to a protected tree require written consent from the Local Planning Authority. Applications should clearly identify the proposed works and the reasons for them, supported by appropriate arboricultural evidence where necessary.

ODPM Urban Policy

A pile of timber

Felling Licenses

A Forestry Commission felling licence may be required before trees are felled in England. Subject to certain exemptions, up to 5 cubic metres of timber may be felled on a property in any calendar quarter without a licence, provided no more than 2 cubic metres is sold. Other exemptions apply depending on the size, location and circumstances of the trees. Felling without a licence where one is required is an offence.

Where trees are protected by a TPO or situated within a conservation area, the interaction between the different statutory controls must also be considered before works are undertaken.

Tree Preservation Orders

Trees in Conservation Areas

Definition

Conservation areas are designated for their special architectural or historic interest. Trees can make an important contribution to their character and appearance and are therefore afforded additional protection.

Legal Requirements

For most works to trees within a conservation area that are not already protected by a TPO, the Local Planning Authority must be given six weeks' prior notice under Section 211 of the Town and Country Planning Act 1990. This gives the authority an opportunity to consider whether the tree should be protected by a TPO.
Dead trees and emergency works are treated differently. Unless there is an immediate risk of serious harm, five working days' prior written notice must be given before works are carried out to a dead tree. Where a tree presents an immediate risk of serious harm and urgent work is necessary, work may be undertaken to remove that risk, with written notice given to the Local Planning Authority as soon as practicable. Works should be limited to those necessary to remove the immediate risk. Evidence of the tree's condition and the reasons for urgent works should be retained.

Have any questions? Get in touch!

A tree conservation area

Arboricultural Advice and the Law

Kirkley Tree Care provides independent arboricultural advice to help tree owners and managers understand their responsibilities and manage trees in a reasonable and proportionate manner. Our approach reflects nationally recognised NTSG guidance, balancing the benefits provided by trees with the need to identify and manage significant risks and meet the duty of care.

Our arboricultural advice covers a range of statutory and tree-safety matters, including:

Tree Preservation Orders

Felling Licences

Conservation Area Regulations

Tree Safety & Duty of Care

Enquire Today