A tree preservation order prohibits the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of a tree, group of trees or woodland without the council’s consent.

If you own or manage trees subject to a tree preservation order, you must make an application to the council before undertaking any work.

There are exemptions from the need to apply:

  • Cutting down trees in accordance with a Forestry Commission grant scheme
  • The felling of trees which have been granted a felling licence where the public amenity they provide would not be compromised in the long term
  • Cutting down, cutting back or making safer a tree which is dead or dangerous
  • In accordance with an obligation under an Act of Parliament
  • At the request of a statutory undertaker or other authority specified in the TPO
  • Local Planning Authority consent is not required if the work to the tree is required to implement a planning permission. This will usually have been agreed during the planning process
  • In a commercial orchard where fruit trees are grown as a crop

It is advisable to check with the council if you think one of the above exemptions apply.

You must provide at least five days written notice to include a plan showing location of the TPO tree, its species and visual evidence of defect that renders it unsafe and liable to fail imminently (within eight weeks) where it would likely cause significant harm or injury to persons or property. 

All trees subject to removal under the above emergency situations / five-day notifications require replacement. We require all five-day notices to be followed up with a tree works application where the council can determine whether a tree replacement condition to be applied or dispensed with.

Failure to submit Tree Works Application and five-day notice could lead to formal investigation and prosecution. It is in your interest therefore to ensure works to trees protected by a TPO are authorised by the council.  

If a protected tree and its amenity provision is found not to have been unauthorised, 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. This amount could be exceeded depending on the specific circumstance and personal/financial gain/value it would add to the land/property for example.

You can find details of Tree Preservation Orders including original documents and plan and latest tree works applications using our online map.

Tree preservation order requests

If you become aware that there is an imminent risk of removal/destruction of a tree/s considered to provide significant public visual amenity, you may wish to submit a request to the council for a new TPO. 

The information for such requests should contain the following detail:

  • Describe the existing circumstances or predicted threats to the subject tree?
  • Describe the significant public visual amenity they provide and provide examples of their visual prominence in the local landscape.
  • Detail the address/location of the tree/s and provide a location plan with dimensions and species if known (photographs are helpful).

You can either make a request online or post all the relevant information to; EHDC, PO Box 310, Petersfield, GU32 9HN.