What to Do If a Protected Tree Is Dangerous

A TPO does not prevent you from dealing with a genuinely dangerous tree. The law includes specific exemptions for emergencies, dead trees, and dying trees.

Emergency work — immediate danger

If a TPO tree poses an immediate risk of serious harm to people or property, you can carry out the minimum work necessary to remove the danger without waiting for consent. This is the emergency exemption under the Town and Country Planning (Tree Preservation)(England) Regulations 2012.

“Immediate risk of serious harm” means exactly that. A branch hanging over a pavement that could fall at any moment qualifies. A tree that might cause problems in a few months does not — for that, you need to apply for consent in the normal way.

After carrying out emergency work, you must notify the planning authority as soon as reasonably practicable. Include a description of what you did, why it was urgent, and photographs if possible.

Dead trees

You can remove a dead tree protected by a TPO, but you must give the planning authority five working days' notice before doing so. This gives the authority the chance to verify that the tree is genuinely dead and to discuss whether a replacement should be planted.

Dead branches on living trees

You can remove dead branches from a living TPO tree, again with five working days' notice to the planning authority. Only dead wood — you cannot use this exemption to prune living branches.

Storm damage

If a storm brings down a TPO tree or leaves it in a dangerous state, the emergency exemption applies. Make the area safe, then notify the authority. If the tree is partially damaged but still alive, the authority will usually want to discuss what happens next — they may issue consent for further work or require the tree to be retained and allowed to recover.

Who to contact

Call your local planning authority's planning department and ask for the tree officer or duty planner. Outside office hours, most councils have an emergency line. If there is an immediate danger to life, call 999 — the emergency services can arrange for tree work without waiting for planning consent.

Keep evidence

Whenever you carry out work on a TPO tree under an exemption, document everything. Take photographs before, during, and after the work. Keep a written record of why the work was urgent, who carried it out, and when you notified the authority. This protects you if the authority later questions whether the exemption applied.