Request a new TPO

New TPOs are made when trees which have high value to the local area are at risk.  We do not accept applications to make TPOs to:

• protect trees on land subject to a current planning application (this will be assessed as part of the planning application process)
• stop approved building development or infrastructure improvements
• order protection on every tree in a neighbourhood

If you are concerned about a tree or group of trees, check if the tree(s) are already:

• protected via a conservation area (view map of conservation areas)
• part of a planning application (view map of planning applications)

For woodlands or large groups please check the Forestry Commission's website for trees covered with a felling licence.

You will also need to check if the tree is already protected by a TPO. To do this, contact us; you'll need to provide a map clearly showing where the tree is located.

If you think that the tree(s) are at risk and they do not have statutory protection, you can request that the trees are assessed for a TPO. We will need:

• your contact details, including name, address, email, phone number (anonymous requests will not normally be assessed)
• the precise location of the tree(s) and the address or location they stand in and if possible, contact details of the owner
• identification of what species they are if you know
• an indication from which public areas the trees can be seen from - with photographs (find out more about public areas)
• information as to why the tree(s) are at risk
• information as to why the tree(s) need protecting and why they are special to the neighbourhood or community

We will consider the merit of protecting the trees by carrying out an objective assessment based on their contribution to amenity and impact on the local landscape. The assessment is carried out in accordance with government advice contained in tree preservation orders and trees in conservation areas.

The government advises local planning authorities to develop ways of assessing the amenity value of trees for protection in a structured and consistent way.

The evaluation will consider:

• the condition of the tree(s) and an assessment of future life expectancy
• an assessment of the potential threat to the tree/s and whether it is expedient to make a Tree Preservation Order
• a Landscape appraisal will assess visual prominence, landscape setting, presence of other trees and function and suitability of the tree(s) to the site
• future benefits the tree might provide, growth potential, age and assessment of wildlife habitat

All new requests for TPOs may take up to 12 weeks to be considered, depending on the likelihood of threat to the tree(s) and their landscape and amenity value.

Tell us if you think a tree should be protected by a TPO

Frequently asked questions

If you don’t know who owns the land where the tree stands – what can you do?

We only keep records of land we own or maintain and do not hold records of private land ownership. If you don’t know who owns the land (and the tree(s)), you can carry out a land search through the Land Registry.

If you have a tree in your garden – what are your responsibilities?

All trees in private ownership are the responsibility of the owner of the land on which they grow; whether they are subject to statutory tree protection. If you have freehold ownership of land on which a tree grows you are responsible for it, unless you have leased the land to a third party who, through the terms of the lease, has accepted this responsibility. We do not have responsibility for, or undertake work to, privately owned trees.

Tree owners owe a duty of care to all third parties and are liable at all times for any nuisance or damage the tree causes. If you are aware of a defect in your tree and it subsequently causes damage, you may be held liable for negligence. The duty of care extends even to persons who may trespass onto your land.

If you are concerned about the condition of a tree in your garden you should seek advice from a qualified tree contractor or arboricultural consultant.

• The Arboricultural Association 
• The Institute of Chartered Foresters

If your neighbour's tree overhangs your property – what can you do?

Under common law, you are allowed to prune any branches from trees and hedges overhanging your land, and also roots growing under your land up to your boundary without the consent of the owner. However, you must not trespass on your neighbour's land to do this.

You must also offer to return the branches and any fruit which is attached or has fallen on to your land. You must exercise reasonable care when carrying out the work, or asking others to do the work to the tree, as failure to do so may lead to you becoming liable for negligence if the work you carry out, such as cutting roots, causes the tree to die or become dangerous.

Common law rights do not apply if the tree is protected by a TPO or is in a conservation area. If the tree is protected by a TPO, you must first make an application and receive consent in writing from us before any work takes place, including work to branches which extend over your property. If the tree is in a conservation area, you must give us 6 weeks notice of the work you plan to carryout. You can apply for the necessary consent and do not have to rely on your neighbour or the tree owner to do this. We advise anyone that considers pruning a tree overhanging their garden to seek professional advice from a tree contractor or arboricultural consultant.

If your neighbour's tree is blocking your light – what can you do?

There is no right to light in law. Any case in respect of loss of light must be proven in the Civil Court. If successful, an injunction may be served by the court requiring the offending trees to be reduced in height or restricting their further growth. Court action is likely to be expensive and we strongly advise against it.

If your neighbour's trees are blocking your view – what can you do?

Speak to your neighbour and ask them to remedy the situation. There is no right to a view.

If your neighbour has planted a tree close to your boundary – what can you do?

There is no law to stop anyone planting or growing a tree anywhere on their property. There is also no law restricting the height of trees.

However, anyone who plants a poisonous tree so close to a boundary that its branches grow over that boundary and are eaten by a neighbour's livestock may be held liable for damages. If, however, a neighbour's livestock reach over to the tree owner's side of the boundary to eat the leaves, the tree owner will most likely not be liable unless they have a legal responsibility to maintain the boundary.

Who should you contact if a tree, shrub or hedge from a private garden is overhanging and blocking a footpath?

We’re responsible for the removal or cutting back of trees, shrubs and hedges that obstruct or endanger highway users. This could be growth blocking a footpath, hanging low over a road, or interfering with street lights, traffic lights or road signs.

You can report any issues.

If a tree in a neighbouring garden is blocking your satellite TV signal – what can you do?

There is no legal right to TV reception and interference is not, at present, a legal nuisance as defined in law. You will need to move or re-site your satellite dish.

If a neighbour's tree is causing damage to your property – what can you do?

If you believe your property is being damaged, directly or indirectly, by tree roots, you are best advised to consult an arboricultural consultant or a structural engineer.

There will usually be evidence of damage such as deformation, bowing or cracking of walls, uneven surfacing or blocked drains. If this is the case, you should notify your building insurer who may carry out further investigation and negotiate with the tree owner and their insurer. In cases where damage is proven, the tree owner or their insurer is likely to be liable.

What is a public area?

Orders should be used to protect selected trees and woodlands if their removal would have a significant negative impact on the local environment and its enjoyment by the general public. Before we make or confirm an order we have to be able to show that protection would bring a reasonable degree of public benefit in the present or future. This means that the tree/s must be clearly visible from a public space and/or a public highway.

Related links

Tree Preservation Orders and trees in conservation areas (GOV.UK)