Homeowner given £20,000 fine for cutting back a tree in garden

Gardeners are being warned that slicing again sure timber of their backyard might land them with a £20,000 high quality.

The warning follows after a home-owner in Stockport made headlines after receiving a £20,000 high quality for chopping down a tree of their backyard, which he was unaware had been issued a Tree Preservation Order, also referred to as a TPO. As reported by The Mirror, the house owner had in the reduction of his tree because it was blocking the sunshine into his conservatory.

TPOs shield timber, areas or woodland with environmental or historic significance, and may be issued to residential timber in gardens.

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Proper now, there are round 49,000 TPOs issued in England, in response to Kate Develly, a solicitor at Gateley Authorized, who steadily advises purchasers on TPOs. And whereas any tree may be issued a TPO, they’re issued independently by the Native Planning Authority.

‘TPOs are issued by the Native Planning Authority (normally the native council), however members of the general public may also apply for a TPO to be thought-about. An authority can determine to challenge a TPO primarily based on a number of components, together with: visibility, measurement and kind, future potential as an “amenity”, rarity, cultural and/or historic worth, contribution to or relationship with the panorama, and significance to nature (e.g. native wildlife) or the response to local weather change. Authorities may also make emergency TPOs the place needed,’ says Kate.

What are the implications of slicing down a protected tree?

As TPOs may be issued on non-public land, it’s your duty as a landlord or house owner to examine {that a} tree doesn’t have a TPO earlier than slicing it down or eradicating it.

‘TPOs are enforced below felony regulation, and breaking one may be pricey. Within the Magistrates’ Courtroom, fines can attain as much as £20,000. Within the Crown Courtroom, there isn’t any higher restrict. Any TPO-protected timber which might be misplaced or felled have to be changed. A Council will possible make a substitute tree an express situation the place consent to fell is granted following a TPO utility,’ explains Sarah Dodd, environmental lawyer at Tree Regulation.

‘The current Newport oak case reveals how costly errors may be. A house owner argued that the tree was blocking her conservatory, however as a result of it was protected, the council prosecuted and he or she was fined £20,000.

‘The regulation was bolstered once more in August 2025 when Newport Crown Courtroom dismissed the attraction of Mrs Claire Rands, who was convicted for unlawfully felling a protected lime tree. She had tried to argue that Welsh regulation didn’t cowl “inflicting or allowing” work, however the court docket dominated in any other case.

‘That judgment confirmed that property homeowners are liable even when they instruct another person to hold out the work. The court docket thought-about the monetary profit to her property (round £50,000), the environmental injury (the tree was subsequent to a nature reserve), and her culpability, describing her actions as a “blatant disregard” of the TPO.

‘She was ordered to pay a £16,000 high quality plus £100,000 in prosecution prices – a complete of £116,000, to be paid inside 12 months. She can also be required to plant a substitute tree.’

Find out how to examine if a tree in your backyard has a TPO

There isn’t a want to begin panicking about your September pruning jobs, as you may simply examine if any of your timber have a TPO earlier than you begin work.

‘The only method is to contact your native planning authority. Most councils keep a web based register of TPOs and conservation areas, or you may make a direct enquiry,’ says Mark Woloshak, Head of Litigation at Howells Solicitors.

‘For those who’re shopping for a property, your solicitor must also flag whether or not protected timber are current as a part of the conveyancing course of.’

If the council decides to challenge a TPO to one in all your timber, they should contact you first, and there’s a window the place you may object.

‘Native authorities should additionally contact you in the event that they determine to guard a tree in your property. The place an authority decides to challenge a TPO, it should present a ‘Regulation 5 discover’ to anybody who’s “ within the land affected by the Order”, corresponding to landowners, tenants, or builders. As soon as a Regulation 5 discover is issued, you will have 28 days to object to a TPO,’ says Kate.

‘While the authority in the end has discretion over whether or not to challenge a TPO, it should account for any representations or objections you make throughout this discover interval.

It is very important do not forget that it isn’t a defence to say that you just had been unaware of a TPO, so make sure to examine together with your native authority and/or learn any Regulation 5 notices rigorously.’

Are you able to ever in the reduction of a tree with a TPO?

For those who discover you do have a protected tree in your property, you shouldn’t minimize it again. And when you do want to hold out work, it’s essential have permission from the Native Planning Authority.

‘In case your tree is roofed by a TPO, it’s essential apply for council consent earlier than pruning, slicing again or eradicating it. Councils might permit restricted pruning whether it is required for cheap upkeep, security or the well being of the tree, however when you’re making use of primarily based purely on lack of gentle or blocked views, then that’s much less persuasive and sometimes challenged,’ says Sarah.

It’s all the time greatest to ask, somewhat than taking a threat and slicing your tree again.

‘Native authorities take enforcement very severely, because the lack of a mature tree can have a long-lasting affect on the surroundings and group,’ says Mark.

‘Owners ought to all the time examine earlier than taking motion, because it is much better to hunt permission than face enforcement motion afterwards.’

So, earlier than you seize your chainsaw, and even simply your pruning shears, it is essential to double-check the standing of your tree and keep away from any nasty fines.