It is a criminal offence, not a planning dispute
Working on a protected tree without consent is prosecuted in the criminal courts, not settled as a planning matter. That applies to felling, uprooting and wilful destruction, and also to topping, lopping or wilful damage done without the council's permission.
It makes no difference that the tree stands on your own land. The order protects the tree itself, and the offence is committed by whoever does or causes the work.
The fine is unlimited
For offences committed since 2015 there is no cap on the fine in any court. Courts are also directed to take account of any financial benefit that came from removing the tree — so where a tree was felled to improve a view or make room for development, the fine is set with that gain in mind.
Reported prosecutions have produced fines of £50,000 and more, with prosecution costs added on top. Smaller cases still commonly end in fines of thousands of pounds, plus a criminal record.
Every tree is a separate offence
Where several protected trees are worked on, each tree is charged as its own offence. Clearing a group or a protected woodland edge multiplies the exposure accordingly — the totals in the largest reported cases are largely the arithmetic of many trees at once.
Who can be prosecuted
Liability is wider than the person holding the saw:
- The contractor who did the work.
- The owner or developer who instructed or permitted it.
- Anyone else who caused the work to be done.
Not knowing about the order is rarely a way out — the offence generally does not require proof that you knew the tree was protected. That is exactly why checking first matters, and why a reputable tree surgeon will ask about protection before quoting.
You usually have to replace the tree
A fine is not the end of it. Where a protected tree is removed without consent, the landowner is normally under a duty to plant a replacement tree of an appropriate size and species in the same place, and the Tree Preservation Order transfers to that new tree.
If a replacement is not planted, the council can serve an enforcement notice requiring it. So the removed tree is not gone from the property's obligations — the site usually ends up with a protected tree again either way.
If you are worried about work that has happened
If you have already carried out work and are now unsure whether the tree was protected, or a contractor has done more than was consented, act rather than wait:
- Stop any further work immediately.
- Check the property's position by postcode, then confirm with the council's tree officer.
- Keep all records — quotes, photographs, correspondence and any advice you relied on.
- Take proper legal advice before responding to a council investigation.
And if no work has happened yet: a two-minute check now is the cheapest insurance available. Search your postcode above, then confirm anything close with your Local Planning Authority before instructing work.