GET QUOTESConsent Dealings in the UK for Tree Protection and Legal Permissions
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Edited by Ali Lijee Edited by Ali LijeeOur most beautiful landscapes in the UK are worth preserving, and that often includes protecting trees. Consent dealings are essential for negotiating the complexities and challenges of various forms of tree protection issued by governing authorities in the UK.
Not only to ensure you can work on one or more trees, but to ensure that all works are carried out in adherence and compliance with the law and for the preservation of trees with significant amenity value.
Table of contents
- What are consent dealings?
- Why are consent dealings needed?
- Types of consent dealings
- DIY vs Professional consent dealings assistance: which to choose?
- How to request permission to work on a protected tree
- Consent dealings in the UK: frequently asked questions
- Get assistance with consent dealings today
What are consent dealings?
Consent dealings, in the context of trees, involves all of the processes required to request and retain consent to work on trees with a protected status within the UK. It is a process that is commonly required by private property owners, developers, contractors, and landscape architects before commencing work on a site where one or more trees is protected.
They are important because protected trees often have one or more conditions that prevent any work from taking place, such as tree pruning or tree felling, unless permission is explicitly granted to work on the tree(s) in question. Unauthorised works can lead to fines or prosecution, so ensuring the legal status of trees is essential for regulatory compliance.
NOTE: This information is relevant in England only. If you reside in Scotland, Wales, or Northern Ireland, consult a qualified arborist for more information on consent dealings.
When consent is not required
There are millions upon millions of trees in the UK, most of which are located in woodlands and forests. Many of us love having one or more trees on our property, however. Consent is generally not required for trees located in your garden, provided that the tree is yours on property you either own or are authorised to manage.
In these cases, which are likely the majority of cases for private homeowners in the UK, no licenses or permissions are normally needed to work on these trees yourself or to hire a tree surgeon on your behalf to do so. Still, some trees may be protected and you might not even know it, so if in doubt it’s always best to have the tree assessed.
What to do when consent is required
If you aren’t quite sure about whether or not a tree is protected, you may need consent from your Local Planning Authority (LPA, or local council). You may also (or alternatively) need to contact one of the following agencies depending where you live in the UK:
- England: Forestry Commission
- Scotland: Scottish Forestry
- Wales: Natural Resources Wales
- Northern Ireland: Northern Ireland Forest Service
Legal consents and regulations pertaining to trees, while not always present, are important for compliance with the law and to help preserve Britain’s protected trees.
Why are consent dealings needed?
Consent dealings are often needed in anticipation of any future proposed works to one or more protected trees. Here are some common reasons why individuals or organisations may need to navigate consent dealings for trees:
- Obtain permission to work on protected trees: developers or contractors commonly need consent dealings in order to work on or remove protected trees from a planned development location.
- Ensure that permitted work is compliant with regulations: consent may be given to work on a tree, and all work must be compliant to all relevant regulations.
- Conditions of a planning authority: a local planning authority or government agency may grant consent to tree surgeons or property developers or owners to work on a protected tree with conditions that must be fulfilled for compliance.
- Allows public fair due process to protect a tree: certain types of tree protection may be requested by members of the public, so consent dealings are needed for a fair opportunity for the public to react.
Benefits of consent dealings
The process of requesting that one or more trees be protected or to perform works on protected trees has many benefits that go beyond just a file in a database at the local council. Here are a few key benefits:
- Preserve trees with significant amenity value: certain trees that offer great amenity value can be legally protected and thus preserved against future works and/or felling.
- Protect historic and culturally important trees: famous historic trees and those with great cultural or social value can be left intact and protected.
- Retain biodiversity and wildlife habitats: by issuing or maintaining protection orders on trees, certain types of desired biodiversity and/or wildlife habitats can be better preserved.
- Maintains ongoing accountability: working on a protected tree or placing one or more under protection ensures that any future work is held accountable, whilst also providing grounds for legal enforcement and punishment for any future violations.
Consent dealings are important for legal compliance with regards to protected trees
Types of consent dealings
Trees may be administered and protected under various schemes. Consent may be required before working on or felling one or more protected trees. The main types of restrictions and protections that may be present include:
Tree Preservation Orders (TPOs)
Tree Preservation Order (TPO) is a protection order that can be granted to a tree or group of trees in a woodland, normally given to trees with significant amenity value. A TPO makes it a criminal offence to “cut down, top, lop, uproot, wilfully damage or wilfully destroy” a protected tree. This includes damaging the roots of a tree.
Anyone can request a TPO, including members of the general public, local councils, or others. Likewise, individuals (normally property owners) can request permission to fell or work on protected trees.
The request is made through the local planning authority or through the Planning Portal. It will normally take up to 8 weeks to gain approval (if granted), during which time there will be a general consultation and members of the public may lodge objections. The application may be granted fully, rejected, or granted with certain conditions. Consent is valid for 2 years after notice is given.
Penalties for non-compliance can be as little as £2,500 or as high as £20,000. Serious offences can lead to unlimited fines (some fines have been issued for up to £50,000!) or even criminal prosecution. The property owner may also be liable to replace a felled tree.
Conservation Areas
Local councils may sometimes designate a Conservation Area in order to protect trees within a specified area. This may be done for a variety of reasons, such as preserving the aesthetic appeal of a neighbourhood or park or maintaining biodiversity or wildlife habitats.
With some exceptions, trees located within a Conservation Area are automatically protected. This may overlap with TPOs, since trees within the area may or may not be protected individually by TPOs.
If one or more trees within the Conservation Area are protected by a TPO, then follow the TPO guidelines.
If the trees are not protected by a TPO, then a section 211 notice must be lodged at least 6 weeks in advance of any proposed works. This application is not a request for consent, so it cannot come with conditions, but it does allow the local council to issue a TPO on the tree(s) if desired. If the council does not issue a TPO within that timeframe and the section 211 notice was filled out with sufficient information, works can be undertaken.
The exception to Conservation Area tree protection includes any tree that is less than 75mm in stem diameter. These trees can be felled, uprooted, or otherwise worked on without permission or consent. If tree felling or uprooting will improve the health of another nearby tree, it can also be felled if the diameter is less than 100mm.
Felling licenses
A felling license gives legal permission to fell trees in England and is issued by the Forestry Commission. This license is generally not required to fell trees located within private gardens, but it may be necessary depending on the seasonal felled volume of timber (5m³, or about the size of a small car).
Felling licenses are generally issued to property owners or those with a vested interest in the land where the trees are located, although those with an expressed legal interest in the land may also request one.
Some tree surgeons and arborists can apply for a felling license to assist with large-scale felling work, such as clearing small woodlands on agricultural or rural land. Please note that the government expressly does not want to issue licenses for clear felling of woodlands, but instead you may be issued a license upon the condition that you restock the woodland with other trees, e.g. elsewhere on the property.
The license is applied for before works take place and is primarily intended to control the amount of felled timber within England, so it is not specifically a type of tree protection like a TPO or a Covenant Area.
Sites of Special Scientific Interest (SSSI)
Sites of special scientific interest (SSSIs, or ASSIs in Northern Ireland) are designated and registered areas on the Land Charges register (in England). They feature some of England’s most beautiful landscapes, wetlands and peat bogs, beaches, and other areas where wildlife habitats, geological features, or the natural landform itself are of particular interest.
Natural England can designate all or part of your land as an SSS,I and you must abide by the limitations on land use and management of the area. This includes having to request consent for many different activities, including tree felling.
In the case of tree felling on an SSSI, a felling license from the Forestry Commission must be issued and valid. Moreover, Natural England must also consent to proposed works within the area, and a supplemental notice of operations form must be submitted.
Restrictive covenants
A restrictive covenant is a promise made by one person to another to do or not to do specific, legally defined things with the land. Although it is made by a covenantee to someone else (typically the current property owner or lease), it is actually tied to the land itself, i.e. it “runs with the land.”
Sometimes, restrictive covenants include elements regarding trees. This could be, for example, a covenant restricting which types of species of tree can be planted on the property, minimum distances from boundary lines or structures, or maximum tree height. They could also include positive covenants, which require that trees be pruned once per year or that they maintain a general aesthetic appeal, for example.
Covenants differ from tree protection orders issued by local councils or governing authorities, since they are legally bound to the land and made between two parties. This means that to overturn or challenge a covenant, one must typically seek the services of a solicitor either to peacefully resolve a covenant, have it withdrawn, or find loopholes that enable certain works to take place.
Conditions of planning and development projects
Property developers must commonly fulfil specified conditions in order to proceed with planning and development projects. These may often include conditions issued by the local planning authority regarding trees, either existing trees on the development land or proposed trees as part of the development.
Developers, contractors, and subcontractors such as landscape architects commonly require the professional consulting of arboricultural professionals for retaining all required consent and permissions during the various phases of a development.
Consent dealings summary
The two main types of tree protection used in the UK are TPOs and Covenant Areas, but there are other types of restrictions that may be in place to limit or prevent works from taking place on trees. We’ve summarised these in the below table along with other important information regarding consent dealings:
| Type of Restriction | Issuing Authority | Notice/Consent Timeline | Penalties for Non-Compliance |
| Tree Preservation Order (TPO) | Local Planning Authority | Up to 8 weeks |
|
| Conservation Area | Local Planning Authority | At least 6 weeks |
|
| Felling License | Forestry Commission (England) | Varies, license valid for 5-10 years | Various penalties |
| Site of Special Scientific Interest (SSSI) | Statutory Nature Conservation Organisation (SNCO) | 28 days - 4 months |
|
| Restrictive Covenant | Key stakeholders listed in covenant | Dependent upon covenant |
|
| Planning and Development Conditions | Local Planning Authority | Dependent upon type of protection status |
|
The two most common forms of restrictions on trees requiring consent dealings are TPOs and Covenant Areas
DIY vs Professional consent dealings assistance: which to choose?
Consent dealings are somewhat common in the UK for developers and land owners with one or more trees not located within their garden (which are usually not protected and can be felled and worked on without permission).
Depending on the type of consent required, the process may be fairly straightforward or it might be quite complex. Anyone can request permission to work on a TPO or Covenant Area tree, but the amount of information required, forms to fill out and submit, and possible delays from omitted information can all be quite a headache.
That’s why it’s generally best to contact a professional tree surgeon or arborist with expertise in consent dealings. Many tree surgeons already have an efficient system in place to request work on TPO trees, whereas professional arboricultural professionals commonly assist developers with more complex jobs that may require more time and labour.
That being said, restrictive covenants are a particular area where a tree surgeon or arborist is of no use since the matter is civil. You will need a solicitor or a robust understanding of the law to negotiate a change to a restrictive covenant.
It’s generally best to leave consent dealings to tree surgeons and arborists
How to request permission to work on a protected tree
Most trees in private gardens are not protected, and a qualified tree surgeon or arborist can work on it without any sort of consent or permission needed from the local council or other governing authority.
While that makes matters quite easy for most tree care jobs, many trees are located in Covenant Areas or are subject to TPOs and working on them can be much more challenging due to the amount of time and bureaucracy involved. It’s best to leave these sorts of jobs to experienced tree surgeons and arborists near you. Use TreeMend to find local tree surgeons and arborists within your postcode.
Get no-obligation quotes from arborists near you by using TreeMend
Consent dealings in the UK: frequently asked questions
What is the tree protection law in the UK?
Tree protection in the UK is regulated by the local planning authority, which may be a local council, district, borough, or a national park. They may issue regulatory protection of one or more trees with a Tree Preservation Order (TPO) or a group of trees within a defined area by establishing a Conservation Area.
How to protect trees in the UK?
Trees in the UK can be issued with an order of protection via a Tree Preservation Order (TPO) by the local planning authority. Members of the general public may have an opportunity to lodge requests for TPOs in order to preserve the status and condition of one or more trees with significant amenity value. A Tree Officer at your local planning authority can help address enquiries you may have regarding tree protection in the UK.
How to check if a tree is protected in the UK?
You can check if a tree is protected in the UK by contacting your local planning authority, e.g. local council or borough. If a tree is protected, such as through a Tree Preservation Order (TPO), this information will be available to the public at the local office or online through the Land Charges register.
Which trees are protected in the UK?
Any tree can be protected in the UK with a Tree Preservation Order (TPO) or through other means. This can include any tree, regardless of its size, age, species, or whether or not it is native. Shrubs or hedges cannot be protected via TPO, but any individual tree can be. Groups of trees located within a Conservation Area can also be protected.
What trees can be cut down without permission in the UK?
Generally, trees located in private gardens on residential land require no permission to cut down. Most trees located in private gardens have no protection status from government authorities, but they may be subject to restrictions through other means such as restrictive covenants. Trees that are dead or pose an immediate hazard can be felled without permission, although justification may be necessary afterwards.
Can I cut down a yew tree in my garden in the UK?
Yes, you can cut down a yew tree in your garden in the UK provided that it does not have any restrictions or prohibitions on felling it. In the case of ancient yew trees, there may be a higher likelihood that they do have a preservation order due to their rich historic character so it is always worth checking with a qualified arborist before felling a yew tree.
Are oak trees protected in the UK?
Oak trees are not necessarily protected in the UK as a species, but certainly many oak trees are. Veteran English Oak species are quintessentially British and many are large, beautiful, and full of prestige. If your oak tree has significant amenity value, it may have a Tree Preservation Order (TPO) preventing or prohibiting felling or other work on it.
Can I cut down a sycamore tree in the UK?
A sycamore tree located on private property you own or have the authority to manage can be cut down, provided that it does not have a Tree Preservation Order (TPO) or is not located within a Conservation Area. Historic and culturally important trees like the Sycamore Gap tree in Northumberland cannot be cut down, and the individuals responsible for felling it in 2024 have been duly prosecuted.
Who protects trees in the UK?
Trees in the UK may be protected by government authorities such as local planning authorities, i.e. local councils, boroughs, or national park authorities. Aside from regulatory protection, individuals, activist groups, and non-governmental organisations often protect trees and advocate for tree planting and preservation of the UK’s woodlands, for example.
What trees are you not allowed to cut down in the UK?
You are not permitted to cut down any tree in the UK that is designated as being protected, whether that be through a Tree Preservation Order (TPO) or if the tree is located within a Conservation Area. There may be other restrictions or conditions on cutting trees beyond these. Consent dealings and permissions are essential for any proposed works to protected trees.
Get assistance with consent dealings today
Felling or working on a tree shouldn’t be a hassle, but it should always be done with full compliance with the law and respect for any regulations that may be in place to protect the tree(s). Arborists in the UK can assist with consent dealings and retaining all necessary permissions before commencing tree work. Get in touch with one of our member partners today.