Property Owner Facing Hefty £20,000 Penalty for Pruning Garden Tree - Learn Strategies to Prevent Similar Legally Challenging Scenarios
In England, homeowners are increasingly being held accountable for cutting down trees with a Tree Preservation Order (TPO). These orders are in place to protect trees, areas, or woodland with environmental or historical importance.
Recently, a homeowner in Stockport was fined £20,000 for unlawfully felling a protected tree. This incident highlights the importance of checking the status of trees on a property before carrying out any work.
TPOs can be issued independently by the Local Planning Authority or by members of the public. There are around 49,000 TPOs issued in England, and most councils maintain an online register of TPOs and conservation areas, or direct enquiries can be made.
If a tree is covered by a TPO, permission from the Local Planning Authority is required before pruning, cutting back, or removing it. Limited pruning may be allowed for reasonable maintenance, safety, or the health of the tree, but loss of light or blocked views are less persuasive and often challenged.
Breaking a TPO can lead to additional costs such as replacement tree planting, fines, and prosecution costs. The law was reinforced in August 2025 when an appeal of a homeowner who was convicted for unlawfully felling a protected tree was dismissed. TPOs are enforced under criminal law, and breaking one can result in fines up to £20,000 in the Magistrates' Court, and no upper limit in the Crown Court.
Property owners are liable even if they instruct someone else to carry out the work that violates a TPO. Enforcement of TPOs is taken very seriously by local authorities, as the loss of a mature tree can have a lasting impact on the environment and community.
When buying a property, it is essential for the solicitor to flag the presence of protected trees as part of the conveyancing process. It is always best to ask for permission before carrying out work on a tree with a TPO, rather than taking a risk and cutting it back.
Contacting the local planning authority is the simplest way to check if any trees on a property have a TPO. The council must contact the landowner if they decide to issue a TPO to one of their trees, and there is a 28-day window to object. The Local Planning Authority has discretion over whether to issue a TPO, but must account for any representations or objections made during the notice period.
TPOs serve a vital role in preserving our environment and wildlife habitats. Unauthorized removal can lead to fines or other penalties imposed to enforce conservation rules. TPO-protected trees that are lost or felled need to be replaced.
In conclusion, it is crucial for homeowners to be aware of the trees on their property and whether they are protected by a TPO. Failure to comply with a TPO can result in significant financial penalties and environmental damage consequences. Always seek permission before carrying out any work on a tree with a TPO to avoid costly mistakes.
