Tree Preservation Orders and conservation areas.
How to find out whether your tree is protected in Rushmoor, Guildford, Waverley or Hart, and what to do if it is.
A Tree Preservation Order makes it an offence to cut down, top, lop, uproot or wilfully damage a tree without written consent from the council. Trees in a conservation area are protected separately: you must give the council six weeks' written notice before doing work. Both apply whether or not you knew the tree was protected, and the fine for destroying a protected tree is unlimited.
How to check whether your tree is protected
Ask the council that covers your address. Most publish a searchable map of TPOs and conservation area boundaries. In the area we work that means:
- Aldershot and Farnborough Rushmoor Borough Council
- Guildford, Ash and Tongham Guildford Borough Council
- Farnham and Godalming Waverley Borough Council
- Fleet, Hook and Odiham Hart District Council
- Camberley and Frimley Surrey Heath Borough Council
We do this check for every tree we quote on, at no cost, before we give you a price. It takes us a few minutes and it is the difference between a routine job and a criminal offence.
TPO or conservation area: what is the difference?
| Tree Preservation Order | Conservation area | |
|---|---|---|
| Applies to | Specific named trees, groups or woodlands | Every tree over 75mm diameter at 1.5m |
| What you submit | A formal application for consent | A notice of intent, called a section 211 notice |
| How long | Council has 8 weeks to decide | 6 weeks, then you may proceed if no objection |
| Cost to apply | Free | Free |
| If refused | Right of appeal to the Planning Inspectorate | Council may respond by making a TPO |
What you can do without consent
There are real exemptions, and they are narrower than most people assume.
- Removing genuinely dead wood, though you should give the council five days notice
- Work needed urgently to remove an immediate risk of serious harm, which you must be able to evidence afterwards with photographs
- Trees under 75mm diameter in a conservation area, measured at 1.5m from the ground
- Fruit trees grown for fruit production, in some circumstances
“It drops leaves in my gutter” and “it blocks the light” are not exemptions, and neither is a general feeling that the tree is too big. If you are relying on the urgency exemption, photograph the defect before the work and keep the photographs.
Getting consent granted
Councils refuse applications that amount to “I do not like this tree” and grant applications that set out a sound arboricultural case. What helps: a clear description of the defect or the conflict, photographs, and a report from a qualified arborist. What also helps is asking for the smallest intervention that solves the problem. An application to reduce a crown by 25 per cent is far more likely to succeed than an application to fell.
We prepare and submit this paperwork for our customers as part of the job, including the supporting arboricultural justification.
Common questions
How do I find out if my tree has a TPO?
Ask the council that covers your address. In our area that is Rushmoor Borough Council for Aldershot and Farnborough, Guildford Borough Council for Guildford and Ash, Waverley for Farnham, and Hart for Fleet and Odiham. Most publish a searchable map. We check for you before quoting.
What happens if I cut a protected tree without permission?
It is a criminal offence. For destroying a protected tree, or damaging it so it is likely to die, the fine on conviction is unlimited. For lesser damage the maximum is £2,500. Ignorance that the tree was protected is not a defence, which is why the check matters.
How long does a TPO application take?
The council has eight weeks to decide. A conservation area notice is six weeks, after which you may proceed if they have not objected. Neither costs anything to submit.
Can I prune a protected tree?
Not without consent, no. A TPO covers cutting down, topping, lopping, uprooting, wilful damage and wilful destruction. Pruning counts. The exception is genuinely dead wood, which can be removed without consent, though you should give the council five days notice.
Does a TPO mean the tree can never come down?
No. Councils grant consent regularly where there is a sound arboricultural reason: the tree is dead, dying, dangerous, or causing damage that cannot be resolved another way. What they will not accept is that it drops leaves or blocks light. A supporting report from a qualified arborist makes a material difference.
We will check your tree before we quote.
The TPO and conservation area check is part of the free quote, not an extra. If your tree is protected we prepare and submit the paperwork for you.