Tree preservation orders
What is a Tree Preservation Order?
- A Tree Preservation Order (TPO) protects specific trees or woodlands. Many trees in Harrow are protected and you will need consent to carry out any work them. A tree can either be protected by a TPO or if it is in a conservation area. View our TPO and conservation area maps.
Request permission to work on a protected tree
If you are a resident hiring a tree surgeon, they will usually apply on your behalf. To apply for permission, you will need to:
- Complete our TPO/trees in conservation area form.
- Provide a clear and detailed specification of the work you intend to carry out. This guidance should ideally be from a tree surgeon or arborist. It should follow British Standard 3998: Recommendations for Tree Works (2010).
Once completed, either:
- email it to planning.applications@harrow.gov.uk
- submit it on the planning portal (account required)
If you need help completing the form, see our form guidance.
We respond to applications for TPO works within six weeks. We respond to applications of tree works in conservation areas within eight weeks.
Request a copy of a TPO
You can request a copy of a TPO online. You will need to pay a £50.00 charge before we can provide the document.
Damaged trees
If a tree has storm damage, you can make it safe. Do only the minimum necessary work. You will need to apply for any non-urgent or remedial works in the usual way. This will either be an application or a notification to us, the council.
You must inform us as soon as possible. (Contractors often provide a '5 day notice' for this.) This is about the works that have been carried out to the protected tree.
You can remove dead branches from a living protected tree without notifying us. This is often referred to as ‘dead wooding’. Dead trees and branches can be valuable habitats for plants and wildlife.
If it doesn't cause any danger, it can be good to keep the lower part of the trunk on dead trees to conserve biodiversity.
Request for a tree to be protected
You can apply for a tree to be considered for a TPO. Trees with a life expectancy of less than 20 years are unlikely to be suitable for a TPO.
To submit a request, please provide the following:
- details of the tree
- the tree's location
- any information such as any potential threats to the tree.
You can send your request to TPOtrees@harrow.gov.uk
In considering any request, we will:
- Ask for any further information that may help in considering it.
- Visit the site to view the tree(s) and its context. Then, prepare an assessment and recommendation.
- Advise you of our decision and our reasons within 20 working days.
Frequently asked questions about protected trees
What type of tree can a TPO cover?
All types of species, including hedgerow trees, may be protected. The TPO can cover anything from a single tree, to a group or woodland. Hedges, bushes or shrubs are exempt.
My insurance company says to prune or fell the trees near my property. What should I do?
If your trees are protected, you must apply for the works requested. Include supporting information. The application will be assessed on its own merits. Insurance company letters do not remove the need to get our written permission to work on protected trees.
What can I do if my protected tree is causing a nuisance?
The duty of care for dealing with a nuisance rests with the tree owner. It is their land on which the tree is growing. Dropping leaves or fruit is a natural process. It is beyond anyone's control. It would not normally be a legal nuisance. So, trees will not generally be pruned for these reasons. The same applies to issues like shading of light (there is no legal right to light in English law), blocking a view, and bird droppings. These are not usually classed as legal nuisances.
A protected tree is dropping leaves, thorns, cones and/or sap. Can it be pruned?
Pruning is an unnatural process that carries some risk. So, it should only be done if absolutely necessary. Pruning wounds can expose a tree to many diseases. These can harm its health, safety, and survival. Older trees are more susceptible than younger ones. In law, it is reasonable to expect a tree to drop leaves, sap, etc. These are natural processes and to be expected.
I won't be able to sell my house now that a TPO was placed on the tree in my garden!
We cannot be responsible for a private property's saleability. A potential purchaser is as likely to favour having trees on their land as not. Some studies estimate that a property's value can rise by 7% to 20% if there are trees nearby.
The protected tree is blocking light into my garden/house. Can it be pruned or removed?
We sympathise with residents' concerns about light from nearby trees. But, there is no general right to light, except for High Hedge complaints. If a tree is deemed worthy of protection, it has great environmental value. So any complaints about light must be weighed against its importance to the wider landscape. Minor tree works, like crown thinning, may help. But, it depends on the tree's ability to cope with, and its species' response to, the work. Crown thinning or pruning affects some tree species, like limes. They grow back quicker, with larger leaves and a denser crown.
I'm worried that roots from a protected tree will damage my foundations. What should I do?
If you think tree roots are damaging your property (i.e. cracking), contact your buildings' insurance company. They can investigate the site. For any claim, live tree roots from the tree must be found below affected house foundations. Crack and level monitoring (for at least six months) is essential. It must show that the movement is cyclical (e.g. seasonal, shrink/swell). A tree cannot be blamed because it is growing close to a building.
If the branches from a protected tree are hanging over my property, can I cut them back?
No. A TPO on a tree requires written consent to prune overhanging branches. The common law right to cut back to one's boundary cannot be applied where the tree is protected. If you live in a conservation area, you should give us six weeks' notice of proposed works. You can use the 1App form or the planning portal to do this.
Does Harrow Council become responsible for trees once they are protected?
No. A TPO does not mean we own the tree. Nor are we responsible for its maintenance costs. The owner remains responsible for the tree.
What if I, or let someone do work on a protected tree without written permission?
If a protected tree is pruned, felled, or damaged, the owner and the tree surgeon could be fined up to £20,000 in court.
What if my application to carry out work on a protected tree is refused. Or what If I object to the conditions imposed by the Council?
You can appeal in writing to the Planning Inspectorate (PINS). You can do this within 28 days of receiving the decision or after eight weeks. Appeals are normally made in writing. Then, an inspector from the Planning Inspectorate visits the site. For more information, see GOV.UK.