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Protected trees

Find out about Tree Preservation Orders (TPO), trees in conservation areas and how to apply to carry out works on protected trees

Tree Preservation Orders

A Tree Preservation Order (TPO) is a legal order made by the Council to protect specific trees, groups of trees or woodlands in the interests of amenity. An Order prohibits the:

  • cutting down
  • topping
  • lopping
  • uprooting
  • wilful damage
  • wilful destruction

of trees without the local planning authority’s written consent. If consent is given, it can be subject to conditions which have to be followed. All of a tree is protected by a TPO, the cutting of roots is also a prohibited activity and requires the authority’s consent.

Trees in a conservation area

All trees with a trunk diameter or more than 75mm (measured at that are not protected by an metres above the ground) in a conservation area are protected by the provisions in section 211 of the Town and Country Planning Act 1990.

These provisions require people to notify the local planning authority, using a ‘section 211 notice’, six weeks before carrying out certain work on such trees, unless an exception applies.

The work may go ahead before the end of the six week period if the local planning authority gives consent. This notice period gives the authority an opportunity to consider whether to make an Order on the tree.

Apply for or notify us about tree works

It is an offence to carry out work to a protected tree, or remove it, without our approval. You could be prosecuted and fined up to £2,500. If you destroy a tree without consent you may be fined up to £20,000. You may also be required to plant a replacement tree.

For trees protected by a TPO, you need to submit a tree works application and receive consent before carrying out work.

For trees in a conservation area, you have to give us written notice of any proposed work, describing what you want to do, at least six weeks before the work starts. This gives us an opportunity to consider protecting the tree with a TPO. You may not start during that period without permission. We usually reply within four weeks.

There are no fees required for these applications. We encourage applications via the Planning Portal website and you will need to register there before you start your application.

Start an online planning application

An officer may visit the property once an application has been made but they are not able to provide pre-application advice.

If you would like further advice you can speak to an Arboriculturalist. A list of approved contractors and consultants that you can contact is available on the Arboricultural Association website.

Dead and dangerous protected trees

Not all work to be carried out on protected trees is required to follow the normal procedures. This can be for either a TPO or conservation areas.

The most common exceptions are:

  • The cutting down of dead or dangerous trees
  • The removal of dead or dangerous branches of otherwise healthy or safe trees

Anyone proposing to carry out work to a dead or imminently dangerous tree that is protected by a TPO or in a conservation area must give us five days’ notice.

Please send an e-mail with location and description of the tree and the work proposed to borough.planning@west-norfolk.gov.uk or fill out the form to make a five day notice.

Where a tree requires urgent work to remove an immediate risk of serious harm, written notice is required as soon as practicable after the work becomes necessary.

If we agree that the work does not require an application for consent, this does not mean that no other regulations apply. For example, Natural England must be consulted if the tree is known to support a bat roost.

Application checklist

The statutory determination period for works subject to a TPO is eight weeks from the date the application is valid.

The notification period for works to trees in a conservation area is six weeks from the date the notification is received.

Application type Item required Guidance on the standard of information required
TPO and conservation area A fully completed application form All sections of the form should be completed
TPO and conservation area A full and clear specification of the works to be carried out on each tree Proposals to “cut back”, “lop” or “trim” some branches are too vague because it fails to indicate the extent of the work.
TPO and conservation area A sketch plan A sketch plan clearly showing the position of the trees listed affected must be provided when applying for works to trees covered by a TPO and/or in a Conservation Area. The plan should label each tree affected with a number.
TPO applications only Statement of the reasons for the proposed work Reasons must be given for the proposed works & details of replacement trees.
TPO applications only Additional information required on the application form Evidence in support of the stated reasons:
  • If the reasons relate to the condition of the tree(s): written evidence from an appropriate expert.
  • If the reason includes alleging subsidence damage: a report by an appropriate engineer or surveyor and one from an arboriculturalist.
  • If the reason is in respect of other structural damage: written technical evidence. 
Dead/dangerous trees Five days' written notice of dead trees, or removal of dead branches.

Or written notice as soon as practicable after making a dangerous tree safe		 Unless work is urgently necessary because there is an immediate risk of serious harm, five working days prior written notice must be given to the authority before cutting down or carrying out other work on a dead tree.

The authority’s consent for such work is not required. The exceptions allow the removal of dead branches from a living tree without prior notice or consent.
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