Do I Need Permission to Cut a Tree in North London? TPOs and Conservation Areas
In North London, the answer is often yes. Two rules catch most people out: Tree Preservation Orders (TPOs) and conservation areas. Cutting a protected tree without consent is a criminal offence. The owner and the tree surgeon can both be prosecuted. Check first. It takes ten minutes.
Rule 1: Tree Preservation Orders
A TPO is "an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity". It prohibits "cutting down, topping, lopping, uprooting, wilful damage, wilful destruction" without the council's written consent. (GOV.UK guidance)
Haringey puts it plainly: "A TPO means that written consent is needed for a tree to: be cut down, be uprooted, have any branches cut back, be damaged or destroyed, including cutting roots." (Haringey Council) Note the last part. Root cutting counts too.
Penalties
Breaching a TPO is a criminal offence. The Arboricultural Association notes that "In serious cases the case may be dealt with in the Crown Court where an unlimited fine can be imposed." (Arboricultural Association) The law also tells the court to "have regard to any financial benefit which has accrued or appears likely to accrue" from the offence. (Town and Country Planning Act 1990, s.210) In other words, if felling the tree made your plot more valuable, expect the fine to reflect it.
Rule 2: Conservation areas
If your tree is in a conservation area, it is protected even without a TPO. You must tell the council before you work on it. The rules require you to "notify the local planning authority, using a 'section 211 notice', 6 weeks before carrying out certain work on such trees". (GOV.UK guidance)
The Arboricultural Association adds that no notice is needed for trees with a trunk under 7.5 centimetres in diameter, measured 1.5 metres above the ground. (Arboricultural Association)
Six weeks is a long time. Plan ahead. The council uses that time to decide whether to make a TPO.
How to check your tree
The Arboricultural Association's advice is to check "by looking at the council website or by contacting the local council (usually the planning department)". (Arboricultural Association) Most North London councils have an online map.
| Borough | Where to check | What the council says |
|---|---|---|
| Barnet | Protected trees | Page could not be loaded for quoting. Check it directly. |
| Enfield | Tree protection and planning | Page could not be loaded for quoting. Check it directly. |
| Haringey | Tree preservation orders | Interactive map and public register. Warns that boundary trees "may be registered under neighbouring addresses". |
| Camden | Protected trees | Page could not be loaded for quoting. Check it directly. |
| Islington | Trees in conservation areas | "You must give us formal notification at least six weeks before you want to do the work." Interactive map available. |
| Hackney | Trees | "You must get approval from the Local Planning Authority before doing any pruning or other work on a tree with a TPO." Six weeks notice in conservation areas. Five-day notice for urgent safety work. Map available. |
| Waltham Forest | Tree Preservation Orders | "A tree preservation order (TPO) bans the cutting down, lopping, topping, uprooting, wilful damage, or destruction of tree(s) without our consent." Email treepreservation@walthamforest.gov.uk if unsure. |
Dead or dangerous trees
Most councils have a faster route for trees that are dead or a real danger. Hackney and Waltham Forest both describe a five-day notice for this. (Hackney, Waltham Forest) Take photos before any work. Do not use "dangerous" as a way round the rules. Councils check.
Who applies?
Either you or your tree surgeon can apply. Many North London firms offer to do it. Tree Matters says it handles "submission of planning applications and advice on conservation areas". (Tree Matters) Gibbs & Haynes lists planning applications as a service. (Gibbs & Haynes) Forbes Tree Care lists a planning application at £144 including VAT when done on its own. (Forbes Tree Care)
Even if the firm applies, you are still the owner. Ask to see the consent or the notice acknowledgement before work starts.
What about my neighbour's tree?
You can usually cut branches that overhang your boundary, back to the boundary line. But if the tree is protected, the same rules apply to you. Check first. Offer the cut branches back to the neighbour. Ask the tree surgeon to advise.
Frequently asked questions
How do I find out if my tree has a TPO?
Check your council's online map or contact its planning department. Haringey, Islington and Hackney all have interactive maps. Also check under your neighbour's address if the tree is on a boundary.
How long does a conservation area notice take?
Six weeks from when the council receives your section 211 notice. You cannot start before then unless the council consents sooner.
What is the fine for cutting a protected tree?
It is a criminal offence. In the Crown Court the fine is unlimited, and the court must consider any financial gain from the offence.
Can my tree surgeon apply for me?
Yes. Many do. But you remain responsible as the owner. Ask to see the paperwork before work starts.
Sources
- GOV.UK: Tree Preservation Orders and trees in conservation areas
- Town and Country Planning Act 1990, section 210
- Arboricultural Association: A brief guide to legislation for trees
- Arboricultural Association: How can I find out if the trees within my ownership are protected?
- Haringey Council: Tree preservation orders
- Islington Council: Trees in conservation areas
- Hackney Council: Trees
- Waltham Forest Council: Tree Preservation Orders
- Tree Matters
- Gibbs & Haynes
- Forbes Tree Care cost guide