What you can do yourself
- Apply for consent to work on a protected tree. The form is free and straightforward.
- Give six weeks' notice of work to a tree in a conservation area.
- Object to a new TPO, in writing, within the period the order gives, which is at least 28 days.
- Ask the council to make a TPO.
- Appeal a refused application to the Planning Inspectorate.
For these, the most useful professional is usually an arboriculturist, whose report on the tree's condition carries more weight with a tree officer than legal argument.
When to get a solicitor straight away
If work has been done to a protected tree and the council is investigating, take legal advice before you say anything about it. That applies especially if:
- The council asks you to attend an interview under caution.
- You receive a summons or a notice of intended prosecution.
- The council serves a notice requiring you to replant.
The offence carries an unlimited fine and anyone who did or arranged the work can be prosecuted. A solicitor who knows planning and environmental crime can advise on the evidence, on any exemption you relied on, and on how the court assesses a fine.
When advice is worth considering
- Neighbour disputes over a protected tree's roots, branches or damage to a building, particularly where an insurer is involved.
- Compensation claims after consent is refused, which must be made within 12 months.
- Development sites, where TPOs, planning conditions and permissions interact.
- Challenging how an order was made, which is a legal question rather than a tree one.
Buying or selling a property
When you buy a house, your conveyancing solicitor's searches will show whether the property has a TPO or is in a conservation area. You don't need a separate tree solicitor for that. Do ask your conveyancer for a copy of the order and its plan if trees matter to your plans, so you know exactly which trees are covered before you exchange.
Finding the right help
- For a solicitor, look for planning or environmental law experience. The Law Society's Find a Solicitor service lets you search by area of law.
- For a tree report, look for an arboriculturist with professional membership, such as the Arboricultural Association or the Institute of Chartered Foresters.
- For a first look at whether a tree may be protected, search the postcode here, then confirm with the council.
Search a postcode for published TPO zones nearby.
