Permission and exemptions

You will always need our permission to prune a tree protected by a tree preservation order, or give us six weeks’ notice before carrying out works to a tree in a conservation area, except for in the following circumstances:

• cutting down trees in accordance with one of the Forestry Commission’s grant schemes, or where the Commission has granted a felling licence
• cutting down or cutting back a tree:
  • which is dead or dangerous
  • in line with an obligation under an Act of Parliament
  • at the request of certain organisations specified in the order
  • which is directly in the way of development that is about to start for which detailed (full) planning permission has been granted
  • in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice
  • to prevent or control a legal nuisance (you may find it helpful to check first with a solicitor)

If you are in any doubt, check with our tree officers at the Streets and Open Spaces Team.

Unless it is an emergency, you must give us at least five days’ notice before you cut down or carry out work to a protected tree which is dead or immediately dangerous. This is in your interest – you could be prosecuted if we believe you have carried out unauthorised work.

We could also decide that you do not have to plant a replacement tree. You will remain responsible for your trees and any damage they may cause.

In an emergency, where you need to act without delay, you are advised to keep a photographic record.
Your five-day notice can be sent to us:

• by letter
• online through the planning portal

It is a criminal offence to:

• carry out, cause, or permit, any unauthorised works to a tree that is protected by a tree preservation order
• carry out works to a tree in a conservation area without giving notice to the council

If someone deliberately destroys a tree, or damages it in a manner likely to destroy it, they could be fined up to £20,000 if convicted in the magistrate’s court. The court will take account of any financial benefit arising from the offence. For other offences you could be fined up to £2,500.

You can report suspected unauthorised tree activity by signing in to MyAccount. You can check if the work has already been authorised on our planning pages.

We will investigate unauthorised works and, if necessary, instruct our legal team to proceed to prosecution. A conviction will result in a criminal record and a likely fine.