Statutory Diligence GuideUpdated October 2026

Can I Cut Down a Protected Tree If It Is Dead or Dangerous?

Statutory Source: Town and Country Planning (Tree Preservation)(England) Regulations 2012
Direct Statutory Answer (The Short Version)

Yes, but you must give your Local Planning Authority at least 5 working days written notice before cutting down a dead or dangerous tree with a TPO under Regulation 14. If the tree poses an immediate, catastrophic threat to safety, you may carry out urgent remedial pruning, but you must retain comprehensive photographic and arboricultural proof.

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Statutory Exemptions Under Regulation 14

Under Regulation 14 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012, formal planning consent is not required to carry out works on a protected tree if the tree is dead, or to the extent that works are urgently necessary to remove an immediate risk of serious harm.

However, the burden of legal proof rests entirely on the property owner and the tree surgeon. If you fell a tree claiming it was dangerous, but the council's arboricultural officer determines the hazard was minor or fabricated, you face criminal prosecution under Section 210.

Emergency Work Protocols for Protected Trees
Tree ConditionRequired Legal ActionNotice Period to CouncilPermitted Work Scope
Dead Tree (No urgent danger)Submit statutory 5-day written notification with photos5 working days before works commenceFell tree or remove deadwood; replant replacement
Dangerous Branch (Imminent snap)Notify council immediately; retain photographic evidence5 working days (or ASAP in emergency)Prune only the specific fractured branch; do not fell tree
Imminent Catastrophic CollapseEmergency work permitted to eliminate direct dangerGive notice as soon as practicable afterwardsMinimum works necessary to remove safety threat
Declining / Diseased (Not dead)Standard formal planning application requiredFull 8-week statutory planning cycleNo works permitted without formal written council approval

The 5-Day Notice Procedure (Step-by-Step)

Step 1: Obtain a Qualified Arboricultural Report: Commission a LANTRA-accredited arboricultural consultant or certified tree surgeon to inspect the structural integrity and document disease (e.g. root rot, ganoderma fungus, or severe trunk cavities).

Step 2: Collect Time-Stamped Photographic Evidence: Capture clear, high-resolution photographs of fungal fruiting bodies, branch collar splits, structural ground heaving, or severe lean.

Step 3: Submit Written 5-Day Notice to the LPA: Email the council's planning/tree department detailing the property address, tree species, location plan, and photographic evidence.

Step 4: Await Council Response: The tree officer will either inspect the tree in person, issue written confirmation, or request you submit a full application if they dispute the assessment.

Do Not Remove the Wood Immediately

Always leave the felled timber or dead branches on site for at least two weeks following emergency works. This allows the council tree officer to inspect growth rings, decay levels, and verify the tree was genuinely dead or hazardous.

Mandatory Replacement Duty Following Removal

Even when a tree is lawfully felled under the dead or dangerous exemption, Section 206 of the Town and Country Planning Act 1990 mandates that the landowner must plant a replacement tree of suitable size and species at the same place as soon as practically possible.

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Official Statutory Notice & Guidance:

This guide is compiled for informational due diligence referencing official statutory records from Town and Country Planning (Tree Preservation)(England) Regulations 2012 under the Open Government Licence v3.0. Legal titles and physical structural condition should always be independently inspected by a qualified conveyancing solicitor and chartered RICS surveyor prior to legally binding property commitments.