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A mature protected tree in a Sussex garden ahead of a Tree Preservation Order check
Tree Preservation Orders

What You Can And Can't Do With A Protected Tree

A TPO is not a ban. It is a step that has to happen before the work does. Here is what a Tree Preservation Order actually restricts, how to check if one applies to your tree, and what AONB or National Park status adds on top.

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Capel Tree Surgeons assessing a veteran tree before a protected-tree application
The Straight Version

Five things worth knowing before you touch a protected tree.

Most of the fear around TPOs comes from not knowing what the order actually says. It is a process, not a wall. Here is what it really means.

A TPO does not mean the tree can never be touched. It means the council has to approve pruning, reduction, or removal before it happens.
A conservation area does not put a TPO on every tree in it. It adds a six-week notification period before work on trees above a certain size, whether or not they carry their own order.
Cutting a protected tree without consent is a criminal offence, not a paperwork technicality. Fines are unlimited for serious cases and courts do look at the value of the tree that was lost.
AONB and National Park designations (the South Downs, Surrey Hills, and similar) are a planning layer on top of TPOs and conservation areas, not a replacement for either. A tree inside the South Downs National Park can still need a standard TPO check as well as the Park Authority's own process.
TPO registers are public. Anyone can ask their council which trees on a property are protected before booking any work, and Capel checks this as standard on every quote near a boundary, conservation area, or protected landscape.
How The Process Runs

Five steps, start to finish.

1.Check whether the tree has a TPO or sits in a conservation area, before any quote is finalised
2.Contact the local council's tree officer, or ask Capel to check the register on the way to quote the job
3.Understand what the order actually restricts, most TPOs regulate the work, they do not ban it outright
4.Submit the TPO application or conservation area notification, with a clear scope of what work is proposed and why
5.Wait the required period (a few weeks for most TPO applications, six weeks for a conservation area notification) before work starts
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Where This Comes Up Most

AONB, National Park, and conservation-heavy ground across Sussex & Surrey.

Some parts of the coverage area carry more of this than others. The South Downs National Park around Midhurst, the Surrey Hills AONB around Dorking, Box Hill, and Guildford, and Chichester Harbour AONB all layer their own planning process on top of the standard TPO and conservation area rules.

It does not mean the work cannot happen. It means the application gets scoped properly the first time, so it goes through in weeks rather than getting kicked back and restarted.

Midhurst & South Downs National Park
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Dorking & Box Hill
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Box Hill Tree Surgeon
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Guildford Tree Surgeon
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Cranleigh Tree Reports
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Chichester & Chichester Harbour AONB
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BS5837 Tree Surveys
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Protected Trees & TPO Work
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Questions People Ask

Before you apply, or before you cut.

How do I find out if my tree has a Tree Preservation Order?

Every council keeps a TPO register, usually searchable on the planning section of their website by address or map. It is a public record. If you are not sure how to read it, describe the tree and its location to Capel and it gets checked as part of the quote, before any work is agreed.

Do I need permission to cut down a tree in a conservation area?

In most cases, yes, even without an individual TPO. Trees in a conservation area above a certain trunk diameter need a six-week notification to the council before pruning or removal. The council can object and apply a TPO during that window if they consider the tree worth protecting. Work started before the six weeks are up, or without giving notice at all, is treated the same as breaching a TPO.

What happens if I cut down a protected tree without permission?

It is a criminal offence under the Town and Country Planning Act, prosecuted by the local council. Fines are unlimited for serious cases, and courts take into account the value of the tree that was removed when deciding the penalty. It is not a fee you pay after the fact, it is a prosecution.

Does South Downs National Park or Surrey Hills AONB status add extra rules?

Yes, on top of standard TPO and conservation area rules, not instead of them. The National Park Authority or AONB planning process can apply additional conditions, particularly for larger works or anything visible from the wider landscape. A tree inside one of these areas should be checked against both layers before a quote is finalised, which is standard practice on every Capel job in the South Downs or Surrey Hills.

How long does a TPO application take?

Most councils aim to decide a TPO consent application within eight weeks, though straightforward requests are often quicker. A conservation area notification has a fixed six-week window before work can start, unless the council responds sooner. Either way, it adds weeks to the timeline, not months, if the application is scoped properly from the start.