Protecting trees in Hampshire is essential for preserving the region’s natural beauty, biodiversity, and heritage. Tree Preservation Orders (TPOs) are legal tools used by local authorities to safeguard important trees from damage or removal without proper consent.
Whether you are a homeowner, business, or developer, understanding TPOs and conservation area rules is crucial to avoid costly penalties and ensure compliance. This guide explains everything you need to know about tree preservation order Hampshire regulations, how to check if your tree is protected, and how East Hants Arborists can assist you with permissions and expert tree care.
The Key Takeaways
- A Tree Preservation Order (TPO) is legal protection placed on specific trees by your local planning authority under English law
- You must obtain the council’s consent before cutting, pruning, or removing any protected tree in Hampshire
- Conservation areas have separate rules requiring six weeks’ written notice for trees with trunk diameter greater than 75mm
- Unlawful work on a protected tree is a criminal offence with fines up to £20,000 in Magistrates’ Court and unlimited fines in Crown Court
- East Hants Arborists can check your tree’s protection status, liaise with authorities, and handle all paperwork on your behalf
What is A Tree Preservation Order In Hampshire?
A Tree Preservation Order TPO is a legal order made by a local planning authority under the Town and Country Planning Act 1990 to protect specific trees, groups of trees, or woodland from unnecessary removal or damage.
In Hampshire, tree preservation orders are issued by district and unitary councils including East Hampshire District Council, Havant Borough Council, Basingstoke and Deane Borough Council, Winchester City Council, New Forest District Council, Test Valley Borough Council, Southampton City Council, Portsmouth City Council, and the South Downs and New Forest National Park Authorities.
The tree evaluation process for TPOs involves assessing the tree’s health, visibility, and cultural or historical significance sometimes using assessment methods such as TEMPO (Tree Evaluation Method for Preservation Orders). Large, established trees are protected due to their role in carbon sequestration and climate resilience, as well as their public amenity value to the landscape.
To submit a request for a new TPO, you should provide detailed information about the tree and its significance to public visual amenity.
Prohibited activities without consent include:
- Cutting down or felling
- Topping, lopping, or crown reduction
- Uprooting
- Wilfully damage or destroy
- Severe root damage or inappropriate construction works
TPOs apply equally to trees on private property, commercial premises, housing association land, and council owned land.
How To Check If A Tree Has A TPO Or Is In A Conservation Area
You must confirm protection status before arranging any tree works. To check if a tree is protected by a TPO, you can use interactive maps provided by local councils, such as those from Basingstoke, Winchester, and Havant. Most Hampshire councils offer online map tools where you can search by address. When a TPO request is received, the local authority will conduct an initial assessment of the tree’s risk and importance, with site visits carried out where necessary depending on the circumstances and risk level.
Important considerations:
- Council web maps are guidance only – request written confirmation from the tree officer
- Property purchasers should check the Local Land Charges Register during conveyancing
- Hampshire County Council Highways manages highway verge trees
East Hants Arborists, trusted tree surgeons in Hampshire, will check your address against council mapping systems, speak directly with tree officers, and confirm in writing whether each tree is protected.
Do I need permission to cut down a tree UK?
If a tree is protected by a TPO, it is illegal to cut down, top, lop, uproot, wilfully damage, or destroy the tree without the council’s consent. Before carrying out any work on a TPO tree, you must apply for permission from the local planning authority, except for specific exemptions such as the removal of dead wood.
Works requiring formal consent:
- Felling entire trees
- Crown reduction or reshaping
- Heavy thinning or crown raising
- Root pruning affecting stability
- Works near building foundations
Works normally exempt:
- Removing dead wood
- Cutting down dead trees
- Emergency work to remove immediate danger, where emergency tree work is needed to address storm damage or sudden failures
Dead or dangerous trees may be exempted from the requirement for consent but we recommend notifying the council usually five days prior to starting work where practical. Keep photos, arborist reports, or wood samples as evidence. Protected trees provide essential habitats for diverse wildlife, including nesting birds, bats, and insects. Wildlife laws under the Wildlife and Countryside Act 1981 apply even when TPO consent exists.
Trees In Hampshire Conservation Areas
Conservation areas are locations designated to protect architectural and historic character. East Hampshire alone contains 43 conservation areas, with others covering Winchester city centre, Old Portsmouth, and Alresford.
If a tree is within a conservation area and has a trunk diameter greater than 75mm at 1.5m above ground level, you must give the local authority six weeks’ notice before carrying out any work, allowing them to decide whether a TPO should be placed on the tree.
Works normally exempt include:
- Trees below the 75mm diameter threshold
- Dead wood removal
- Work on dead or dangerous trees (with appropriate evidence)
- Emergency safety work where there is an immediate risk
Conservation area trees can also have individual TPOs, requiring full applications rather than simple notice, often best handled by expert tree surgeons in Hampshire and Surrey.
Applying For Permission To Work On A Protected Tree
Applications for TPO works are submitted to your local planning authority. Generally, required information includes:
- Full site address and map
- Tree species and location
- Description of proposed works
- Reasons for work (structural damage, shading, tree’s health)
- Photos and supporting arboricultural reports
Councils aim to determine applications within eight weeks, though complex cases may take longer and involve a site visit.
Penalties For Ignoring A Tree Preservation Order
It is a criminal offence to cut down, top, lop, uproot, wilfully damage, or destroy a protected tree without the council’s consent, with fines reaching up to £20,000 in a Magistrate’s Court and unlimited fines in a Crown Court.
Main offences include:
- Unauthorised felling or heavy pruning
- Exceeding approved works
- Failing to comply with consent conditions
If a protected tree is removed, a replacement must be planted to comply with regulations. Councils specify species, size, and location. Where wildlife has been harmed, police and Natural England may become involved under separate legislation, and urgent situations may require 24/7 emergency tree surgeons to make the area safe.
How East Hants Arborists Help With TPOs And Tree Permissions
We are a fully insured tree surgery contractor established in 2019, operating across Hampshire, Surrey, and West Sussex, with expert tree surgeons in Hampshire & Surrey providing comprehensive services. We handle crown reductions, selective pruning, deadwood removal, tree removal and felling, stump grinding, and hedge trimming in accordance with issued consents.
Contact us via our tree care services and enquiries page to arrange a site visit or email your address with tree photos for an initial TPO check.
FAQ – Tree Preservation Orders In Hampshire
Do I need permission to cut down any tree in my garden in Hampshire?
Not every garden tree is protected, but you must check first. If the tree has a TPO or sits in a conservation area with trunk diameter greater than 75mm, permission or notice is required. Even unprotected trees may be covered by nesting bird protections or estate covenants. Send us your address and tree photos for a quick assessment.
How long does a TPO application take in Hampshire?
Most Hampshire planning authorities aim to decide within eight weeks of validation. Emergency safety works can often proceed faster with evidence of immediate risk. A clear, well-evidenced application from East Hants Arborists helps avoid delays.
What if my neighbour’s protected tree is overhanging my garden?
TPO rules still apply when branches cross boundaries. You normally cannot prune protected branches without consent from the local planning authority. Joint applications with your neighbour are often viewed more favourably by councils.
Can a TPO be removed if a tree becomes unsafe?
Councils rarely revoke TPOs but can allow removal where arboricultural reports prove a tree is dead, dying, or dangerous. Consent typically includes conditions to plant a replacement in the nearest practicable location.
Who pays if I am ordered to replant a protected tree?
Responsibility lies with the landowner at the time the replanting requirement is made. The council specifies size, species, and planting location. Contact East Hants Arborists for advice on cost-effective, council-compliant replanting schemes.