Is My Tree Protected? Tree Preservation Orders (TPOs) and Conservation Areas Explained

Jon Hodgson • October 12, 2026

Before you prune or remove a tree in your garden, check one thing: is it protected? Many trees across Hampshire are covered by a Tree Preservation Order or lie in a conservation area. Many homeowners only find out when a neighbour or the council raises it, and by then the work is done and the fine is on its way.

The good news is protection doesn't mean you can never touch the tree. It means you need the council's go-ahead first. Here's how the rules work and how to stay on the right side of them.

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is a legal order made by your local council to protect a single tree, a group of trees or a woodland. Councils usually use them where a tree adds real value to the area, such as a mature oak that can be seen from the road.

If a tree has a TPO, you need the council's written consent before you cut it down, top it, lop it, uproot it or damage it. This includes cutting its roots, which catches many people planning extensions, driveways and garden rooms.

You still own the tree, and you are still responsible for keeping it safe. A TPO doesn't pass that responsibility to the council.

What if I live in a conservation area?

If your home is in a conservation area, most trees on your property are protected even without a TPO. Many older town centres and villages across Hampshire are conservation areas, including parts of Winchester and Romsey.

The rules cover any tree with a trunk more than 75mm across (about 3 inches), measured 1.5 metres above the ground. That is a surprisingly small tree.

Instead of applying for consent, you give the council six weeks' written notice of the work you want to do. This is called a section 211 notice. The council then has three choices:

  1. Tell you it has no objection, so you can go ahead.
  2. Put a TPO on the tree, which means you'd then need to apply for consent.
  3. Say nothing. Once the six weeks are up, you can carry out the work at any point in the next two years.

How to check if your tree is protected.

Your local council holds the records. Many publish an online map, or you can call or email the planning team. In our area, that's usually Winchester City Council, Test Valley Borough Council, Eastleigh Borough Council, New Forest District Council or Southampton City Council. If you live inside the New Forest National Park, the National Park Authority handles tree work instead.

It's Check your property documents as well. Trees on newer housing estates are sometimes protected by a condition attached to the original planning permission. A reputable tree surgeon should check whether a tree is protected before any work starts. If a contractor doesn't mention it, ask them.

How to get permission for work on a TPO tree.

You apply to your council, either directly or through the Planning Portal. There is no fee. The council can take up to eight weeks to decide, and once approved, consent lasts two years.

The council decides based on what you send, so a vague application is the most common reason for delays and refusals. "Trim the tree" will not do. A strong application includes:

  • exactly what work you want, such as "reduce the crown by 2 metres"
  • why the work is needed
  • clear photos showing which tree you mean
  • ideally, a written assessment from a qualified arborist

That last point matters most when you want to remove a tree or carry out heavy pruning. Councils are more likely to agree when the case is backed by professional evidence.

Are there any exceptions?

There are a few, but they're narrower than most people think.

Dead trees. You do not need full consent, but you normally still need to give the council five working days' notice before removing one.

Dead branches. You can usually remove dead branches from a living tree without permission.

Dangerous trees. If a tree poses an immediate risk of serious harm, for example after a storm, you can carry out only the work needed to make it safe. You must tell the council as soon as possible afterwards. Take photos before work starts.

Be careful here. The council decides whether an exception really applied and misusing one can lead to prosecution. If you are unsure, get advice before you pick up a saw.

What happens if you get it wrong?

Working on a protected tree without permission is a criminal offence. Both the homeowner and whoever carries out the work can be prosecuted. Fines for destroying a protected tree can reach thousands of pounds, and the most serious cases have no upper limit.

The council can also require you to plant a replacement tree. In short, a job that might have cost a few hundred pounds can end up costing much more.

Can I cut back my neighbour's protected tree?

You normally have the right to cut back branches that overhang your boundary. That right does not override a TPO or conservation area. If the tree is protected, you still need consent or to give notice first, even for branches on your side. Our guide on pruning your neighbour's tree explains the wider rules.

Quick answers.

Do I need permission to prune a tree in a conservation area? Usually, yes. For any tree with a trunk over 75mm across, you must give the council six weeks' written notice first.

How long does TPO consent take? Up to eight weeks from when the council receives your application. Consent then lasts two years.

Does it cost anything to apply? No. Councils don't charge a fee for TPO applications or conservation area notices.

Can I remove a dangerous protected tree straight away? Only the work needed to remove an immediate risk of serious harm, and you must tell the council as soon as possible.

Let us handle the paperwork.

Most homeowners just want the work done properly without wading through council forms. We can check whether your tree is protected, advise on the right work, and prepare and submit the TPO application or conservation area notice for you. Because our arborists are qualified to Level 3 or above, the council gets a clear, professional case from the start.

Call us on 03300 887 737, email info@arb-solute.co.uk or book a site visit, and we'll take it from there.

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