Prior to undertaking works to trees protected with a TPO, the normal requirement is that written request (or 42 days’ notice in a Conservation Area) is made to the Local Planning Authority.

There are a number of exemptions to this rule, which include the following:

• cutting down trees in accordance with one of the Forestry Commission’s grant schemes, or where the Commission has granted a felling licence
• cutting down a tree when the whole tree presents an urgent and serious safety risk
• pruning part of a tree that presents an urgent and serious safety risk
• cutting down a dead tree
• removing dead branches from a living tree
• work which is directly in the way of development that is about to start for which detailed planning permission has been granted (not permitted development)
• in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice
• to prevent or control a legal nuisance (you may find it helpful to check first with a solicitor)
• in line with an obligation under an Act of Parliament
• by or at the request of certain organisations listed in the regulations.