In England, certain trees are protected by enhanced legal protection. These protections are designed to safeguard valuable trees from avoidable harm, preserve local environmental character, and provide councils with oversight before works take place. Two key categories dominate this landscape: Tree Preservation Orders (TPOs) and trees in Conservation Areas. Understanding the difference – and what the law actually requires – is essential for anyone planning work that may affect trees.

In all cases, there are specific statutory control which restricts work such as cutting down, topping, lopping, uprooting, wilful damage or destruction. Protection does not prevent all works, but it creates a legal requirement to notify or seek consent from the Local Planning Authority (LPA) before undertaking them.

A Tree Preservation Order is a legal order made by a Local Planning Authority under sections 197–214D of the Town and Country Planning Act 1990, supported by the Town and Country Planning (Tree Preservation) (England) Regulations 2012.

A TPO can protect:

TPOs are used to protect trees with significant amenity value, particularly where the tree is visible to the public or contributes to local character.

It is a criminal offence to carry out any of the following without LPA consent:

Cutting down

Penalties can include:

Under section 211 of the Town and Country Planning Act 1990, anyone wishing to carry out work to a tree in a Conservation Area must give the LPA six weeks’ written notice (a “section 211 notice”).

This applies to trees with a stem diameter of 75mm or greater (measured at 1.3m above ground level). Note that there is no need to apply for “consent” – only to notify. LPAs can let the notification lapse, object, or make a TPO.

Ancient trees are the oldest living trees of their species, having moved beyond full maturity into a distinct “ancient” life stage. They are irreplaceable ecological and cultural assets, often hundreds of years old—and in some species, much older. Ancient trees are always veteran trees, but are set apart by their exceptional age, slow growth stage, and highly developed features of decay and habitat complexity. Ancient trees can be found across woodlands, parklands, farmland, churchyards and hedgerows. Many began life in landscapes or management systems that no longer exist—hence their survival is often a rare link to past habitats, land use and cultural practices. Ancient trees are “old in comparison with other trees of the same species.” The threshold varies significantly:

Veteran trees are mature trees that have developed the characteristic features associated with age, long life, and ecological importance. They are not necessarily “ancient” in a strict chronological sense. Instead, a tree becomes a veteran because of the features it possesses—features that make it valuable for wildlife, landscape history, and habitat continuity. These include hollowing trunks, cavities, decaying wood, retrenched crowns, and other structural attributes that take decades or even centuries to form. As the guide notes, while all ancient trees are veteran trees, not all veteran trees are ancient

Beyond TPOs and Conservation Areas, several other designations can also restrict works: