TPOs and Planning Permission

How TPOs affect development proposals

If your development site has TPO trees, you must address them in your planning application. The planning authority expects an arboricultural impact assessment (usually to BS 5837) showing which trees are affected, their condition, and how you will protect them during construction.

Ignoring TPO trees in your application is a fast way to get refused. Authorities take tree protection seriously, and objections from tree officers carry significant weight in the decision.

Applying to remove a TPO tree for development

You can apply to remove a TPO tree as part of a planning application. Include the tree removal in your application documents and explain why it is necessary for the development. The authority will balance the loss of the tree against the benefits of the development.

Expect conditions. Replacement planting is almost always required — the authority will specify species, sizes, and locations. Replacement trees are automatically covered by the TPO.

Replacement planting conditions

When consent is granted to remove a TPO tree, the authority usually requires you to plant a replacement. Conditions typically specify:

• Species and size of the replacement tree
• Where it must be planted
• A deadline for planting (usually the next planting season)
• A maintenance period (often five years)

If the replacement tree dies within the maintenance period, you must plant another one. The replacement is automatically protected by the same TPO.

Building near TPO trees

Even if you are not removing a TPO tree, construction work near one can damage roots and branches. The authority will want to see tree protection measures in your plans: root protection areas, barrier fencing during construction, and sometimes hand-digging instead of machinery near roots.

The root protection area extends well beyond the canopy. A common rule of thumb is 12 times the trunk diameter, measured at 1.5m above ground level. Your arboricultural consultant will calculate the exact area.

Does planning permission override a TPO?

If planning permission specifically authorises the removal of a TPO tree, you do not need separate TPO consent. But if the permission is silent on trees, the TPO still applies. Always check the conditions carefully.