Statutory Framework: How Tree Preservation Orders Are Registered
Under Section 198 of the Town and Country Planning Act 1990, local planning authorities in England and Wales have statutory powers to protect individual trees, groups, woodlands, or whole areas that provide significant amenity value to the public.
Once a TPO is confirmed, it becomes a legally binding Local Land Charge registered under the Local Land Charges Act 1975. This means the order remains tied to the land indefinitely, binding both present and all future property owners.
Failure to check whether a tree is protected before carrying out pruning, crown lifting, root cutting, or felling can lead to criminal prosecution and substantial court fines.
| TPO Category | Scope of Protection | Typical Application | Identification on Plan |
|---|---|---|---|
| Individual TPO | Protects a single specified tree | Prominent specimen oak, beech, cedar, or yew in garden or street | Marked as T1, T2, etc. with exact point coordinates |
| Group TPO | Protects specified group of trees | Screening copse, shelter belt, or driveway avenue | Outlined in dashed line (G1, G2) detailing species count |
| Area TPO | Protects all trees within defined boundary | Historical emergency orders across developmental plots | Circled in green or shaded boundary (A1, A2) |
| Woodland TPO | Protects whole woodland including natural regeneration | Semi-natural ancient woodland or commercial forestry | Enclosed in solid boundary (W1, W2); protects saplings |
How to Check Your Tree: 3 Practical Methods
Method 1: Search Online LPA Interactive GIS Maps: Most district, borough, and unitary councils host live planning GIS portals where you can search your address or postcode to view mapped TPO polygons and schedules.
Method 2: Query the Local Land Charges Register: When purchasing a home, your conveyancer submits form LLC1 and CON29 questions, which formally reveal any existing TPOs or pending emergency tree orders on the parcel.
Method 3: Direct Inquiry to Council Tree Officer: You can contact the local authority's arboricultural or planning support team with a sketch plan or OS grid reference to request the formal TPO schedule and plan.
Even if an individual tree does not have a formal TPO, any tree located within a designated Conservation Area with a trunk diameter exceeding 75mm (measured at 1.5m above ground) is automatically protected by law.
Checklist Before Undertaking Tree Work
Before instructing a tree surgeon or cutting branches yourself, complete this verification checklist: