Heritage - Tree Preservation Orders

The principle effect of a Tree Preservation Order is to prohibit the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of trees without the Local Authority's consent.

(References : Part VIII Town and Country Planning Act 1990; Town and Country Planning (Trees) Regulations 1999; Tree Preservation Orders - A Guide to the Law and Good Practice)

East Hampshire District Council has over 800 Tree Preservation Orders with new Orders are being made every month. 

If you own or manage trees or woodland subject to a Tree Preservation Order you must make an application to the Local Authority before undertaking any works.  Follow the link to download an Application Form.

There are a number of exemptions from the need to apply:

- cutting down trees in accordance with one of the Forestry Commission’s grant schemes, or where the Commission has granted a Felling Licence.

- cutting down or cutting back a tree which is dead, dying or dangerous

- in line with an obligation under an Act of Parliament

- at the request of certain organisations specified in the TPO

- which is directly in the way of development that has detailed planning permission

- in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice

- to prevent or control a legal nuisance

It is advisable to check with the Local Authority if you think one of these exemptions applies and except in an emergency, you are advised to give at least five days notice before cutting down a protected tree which is dead, dying or dangerous. This is in your interests, you could be prosecuted if the Local Authority thinks you may have carried out unauthorised work.


If a protected tree is deliberately destroyed, or damaged in such a way likely to destroy it, you could be fined up to £20,000 if convicted in the magistrates’ court. For other offences a fine of £2,500 could be applied.

Details of all the Orders are available to view at the Council Offices at Penns Place.  Details of all Tree Applications received can be viewed online .

Please follow this link to view Requests for Making Tree Preservation Orders

Visit the Department for Communities and Local Government website for more information and guidance on Tree Preservation Orders