Tree replacement conditions and how long they bind you
A protected tree removed under consent triggers a statutory replacement duty that runs with the land. The landscape condition on the permission runs separately. Here is how both work and how to vary them.
A tree replacement condition normally binds you for five years from planting, and the obligation restarts every time a replacement goes in. That is the landscape condition on a planning permission. The separate statutory duty to replace a protected tree under section 206 of the Town and Country Planning Act 1990 works differently again: it attaches to the land rather than to you personally, it passes to whoever owns the site next, and the council can serve a tree replacement notice up to four years after the failure to plant.
Self-builders get caught by the overlap. A protected tree removed under consent triggers the statutory duty. The new planting then falls under the landscape condition on the house permission. Two clocks, two sets of wording, and only one of them ends when you sell.
Where the duty to replace comes from
Three separate sources can require planting, and they are often all in play on one site.
Section 206 imposes a duty on the landowner to plant a replacement tree of an appropriate size and species, at the same place, as soon as they reasonably can, where a tree protected by a Tree Preservation Order is removed, uprooted or destroyed in contravention of the order, or is removed because it was dead or presented an immediate risk of serious harm. The same duty applies where consent is granted subject to a condition requiring replacement. For woodland, the duty is to replant the same number of trees, on or near the land, in places agreed with the authority.
Section 213 applies the equivalent duty where a tree in a conservation area is removed in contravention of the six weeks notice requirement in section 211.
Planning conditions are the third route. Section 197 puts the authority under a duty to ensure, where appropriate, that conditions are imposed for the preservation or planting of trees when granting permission. That is where the familiar landscape condition with its five year clause comes from.
Replacement after consented felling
Where the council grants consent to fell a protected tree, it can attach a condition requiring replacement planting. Read that condition carefully, because it usually fixes three things: the species or a species list, the size at planting, and the position.
Two points people miss.
A replacement planted to discharge the section 206 duty is protected by the original Tree Preservation Order in the same way as the tree it replaces. You do not get an unprotected sapling in place of a protected mature tree. The order carries across automatically, so felling the replacement later needs consent in its own right.
And the duty is not discharged by planting something smaller and less costly than the condition specifies. An appropriate size means appropriate to the setting and to what was lost, which for a mature street-facing tree is usually a heavy or extra heavy standard rather than a whip.
Where the felling is part of a wider woodland operation, a felling licence from the Forestry Commission may be needed as well, and its restocking conditions run separately from anything the planning system imposes. Our note on woodland felling licences sets out where the two regimes meet.
The landscape condition and its timescales
The standard wording on a residential permission has four elements:
- A landscaping scheme to be submitted and approved, usually before a stated stage.
- Planting to be carried out in the first available planting season following completion or first occupation.
- Any tree or shrub that within five years dies, is removed, or becomes seriously damaged or diseased to be replaced in the next planting season with another of similar size and species.
- Maintenance of the planting for a stated period.
The planting season matters. Bare root and rootballed stock goes in between November and March, so a house completed in May has until the following winter. Container-grown stock can be planted outside that window but needs irrigation, and a condition that says "first available planting season" does not entitle you to plant in July and hope.
Five years is the conventional replacement period, but it is not universal. Three years appears on smaller schemes and ten years on larger landscape-led ones. Read the condition rather than assuming.
Maintenance, establishment and the replacement clause
The replacement clause is where the real cost sits, and it is triggered by three separate events: death, removal, and serious damage or disease. A tree that survives but is badly deformed by drought can fall within the third limb.
BS 8545:2014, which deals with trees from nursery to independence in the landscape, treats establishment as a process lasting years rather than a single planting operation. Irrigation through the first growing seasons, formative pruning, stake and tie inspection, and mulch maintenance are what determine whether the tree is alive in year five. On a self-build, that work usually falls to the householder after the contractor has gone, and it is the commonest reason a planting condition is breached.
Practical steps that reduce the risk:
- Specify stock that suits the site rather than the drawing. A semi-mature specimen on a dry, compacted plot will die and be replaced twice.
- Agree an irrigation regime in writing as part of the approved scheme, with volumes and frequency rather than "as required".
- Photograph the planting on completion with a dated record, including the root collar and the stake arrangement.
- Diarise the end of the five year period. The obligation does not lapse quietly; it simply stops being enforceable for new failures.
When a replacement tree dies
Within the condition period, a replacement is required in the next planting season, and the new tree starts its own five year period only if the condition is worded that way. Many conditions run the five years from the original planting date, which means a tree that dies in year four is replaced and then effectively unprotected by the condition a year later. Others restart the clock. The wording decides it.
Under the statutory section 206 duty the position is different and stricter. The duty continues until a replacement is successfully established, and it binds successive owners of the land. A purchaser who buys a plot with an outstanding replacement duty inherits it, which is why the enquiry should be raised before exchange rather than after.
If the tree dies because the site conditions make planting in that position hopeless, do not simply leave the gap. Apply to vary the condition and say so.
Enforcement
Councils have two routes for a breached planting condition.
A breach of condition notice under section 187A of the 1990 Act requires compliance within a stated period, and there is no right of appeal against it. Failure to comply is a criminal offence prosecuted in the magistrates court. It is the quicker route and councils use it for straightforward planting failures.
An enforcement notice is the alternative, with a right of appeal to the Planning Inspectorate.
For the statutory duty, the council serves a tree replacement notice under section 207 within four years of the date on which the duty should have been complied with. There is a right of appeal to the Secretary of State under section 208, and the grounds include that the duty does not apply or that the requirements are unreasonable. If the notice is not complied with, the authority can enter the land, plant the tree and recover the cost.
Varying a condition that cannot be met
Where the planting cannot be delivered as approved, the options in order of preference are:
| Situation | Route |
|---|---|
| Species substitution within the approved scheme | Written agreement with the tree officer, where the condition allows it |
| Minor change to position or size | Non-material amendment under section 96A |
| Change to the condition wording or the approved scheme | Application under section 73 to vary the condition |
| Planting impossible on the site | Section 73 application with arboricultural evidence, offering off-site or alternative provision |
Make the case with evidence. Arboricultural evidence explaining why the position fails, whether through services, root protection areas, shading or soil volume, is what persuades an officer to agree an alternative. A tree survey prepared to BS 5837:2012 provides the baseline, and where the planting sits within a wider scheme the reasoning belongs in the Landscape Strategy.
Keeping an existing tree alive through construction is usually easier than replacing it, and our note on retaining a tree through a construction programme covers the protection measures that make that possible.
This is general guidance, not legal advice. Replacement duties depend on the wording of the order, the consent and the condition, so check the position with your local planning authority or a qualified arboriculturist before relying on it.
Enter your postcode on PlanScope to see which tree and landscape documents your scheme is likely to need. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
How long does a tree replacement condition last?
Five years from planting is the conventional period on a residential permission, though three years appears on smaller schemes and ten on landscape-led ones. Within that period any tree that dies, is removed or becomes seriously damaged or diseased must be replaced in the next planting season with one of similar size and species. Read the condition rather than assuming the period.
Is a replacement tree protected by the original Tree Preservation Order?
Yes. A tree planted to discharge the duty under section 206 of the Town and Country Planning Act 1990 is protected by the original order in the same way as the tree it replaces. Felling or pruning it later needs consent in its own right, so the replacement is not an unprotected sapling standing in for a protected mature tree.
Does the replacement duty pass to a new owner?
Yes. The section 206 duty attaches to the land, not to the person who removed the tree, so a purchaser inherits any outstanding obligation. Raise it as an enquiry before exchange. A council can serve a tree replacement notice under section 207 within four years of the date the duty should have been complied with.
What happens if the replacement tree also dies?
Within the condition period another replacement is due in the next planting season. Whether that new tree gets a fresh five year period depends on the wording: some conditions run the clock from the original planting date, others restart it. Under the statutory duty the obligation continues until a replacement is successfully established.
Can I change the species or position of required planting?
Often yes. Where the condition allows a species agreed in writing, the tree officer can approve a substitution. A minor change to position or size can go through a non-material amendment under section 96A, and a change to the condition or the approved scheme needs a section 73 application. Support it with arboricultural evidence.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.