Tree replacement notice or an enforcement notice
A tree replacement notice enforces the duty to replant under section 206. An enforcement notice remedies a breach of planning control. Which applies, and what to do.
If a protected tree has been felled without consent, the council will usually reach for a tree replacement notice rather than an enforcement notice, and the reason is simple: felling a tree is not development, so the enforcement notice machinery does not fit. A tree replacement notice under section 207 of the Town and Country Planning Act 1990 enforces a standing duty to replant. An enforcement notice under section 172 remedies a breach of planning control. Different sections, different triggers, different appeal grounds, and in the tree case an unlimited fine sits alongside as a separate criminal matter.
Knowing which one has landed on your mat changes what you should do next.
What triggers a duty to replace
Section 206 imposes a duty to plant another tree of an appropriate size and species at the same place, as soon as the landowner reasonably can, in two situations: where a tree protected by a Tree Preservation Order has been removed, uprooted or destroyed in contravention of the Order, and where a protected tree has been removed because it was dead or presented an immediate risk of serious harm.
The second limb catches people out. Removing a dangerous tree under the exemption is lawful, and the duty to replace it still applies. Many owners fell a dead tree correctly, give the required notice, and then hear nothing for two years until a replanting notice arrives.
The replacement tree is protected by the original Order as though it were the tree it replaced. So the obligation does not end with the planting.
Who can be served, and when
The notice is served by the local planning authority on the owner of the land. Not the contractor who did the work, and not a previous owner who has sold. That is worth knowing if you are buying: the duty attaches to the land and passes to you.
Section 207 requires the notice to be served within four years of the failure to comply with the duty, and the notice must specify what is to be planted, where and within what period, and state the period before it takes effect. Practice varies between authorities, and some serve quickly while others act only when a complaint is made.
An enforcement notice, by contrast, is served where there has been a breach of planning control: development carried out without permission, or a breach of condition. Time limits differ and the 2023 Act has changed them, so check the current position for the type of breach you are dealing with.
What the notice can specify
A replacement notice can be precise about species, size and position, and the authority is entitled to require a tree appropriate to the setting rather than the least expensive available.
- species, which need not be identical but should be appropriate
- size at planting, often expressed as a girth or a nursery stock category
- position, normally the same place as the tree removed
- the period for compliance, and a period before the notice takes effect
- sometimes a requirement to maintain the tree for a stated period
Where the same place is unworkable, because a building now stands there or services run beneath, that is a matter to raise on appeal or to negotiate before the notice bites, with an alternative position offered. Do not simply plant somewhere else and hope.
Appeal rights
Both notices can be appealed to the Secretary of State, handled by the Planning Inspectorate, but on different grounds.
| Tree replacement notice | Enforcement notice | |
|---|---|---|
| Power | Section 207 | Section 172 |
| Trigger | Failure to comply with the replanting duty | Breach of planning control |
| Appeal | To the Secretary of State under section 208 | Under section 174 |
| Typical grounds | Duty does not apply, requirements unreasonable, duty should be dispensed with, the place is unsuitable | Grounds (a) to (g), including that permission should be granted or the period for compliance is too short |
| Effect of appeal | Notice suspended pending the decision | Notice suspended pending the decision |
Appeal grounds on a replacement notice are narrow. Arguing that the tree was unattractive, or that a neighbour wanted it gone, gets nowhere. Arguing that the tree was not in fact protected, that the duty has already been discharged, or that the specified species is inappropriate for the position, can succeed.
How long the duty lasts
The duty to replant is not extinguished by time in the way a planning breach can become immune. The authority's power to serve a notice has a four-year window from the default, but the underlying duty sits on the land until it is performed, and the replacement tree then carries the protection of the original Order indefinitely.
If the replacement dies, the position depends on the terms of any maintenance requirement in the notice and on whether the Order protects the replacement, which it generally does. Replacing a failed replacement is usually the sensible course rather than waiting to see whether anyone notices.
Effect on a sale
An outstanding notice is registered as a local land charge, so it appears on the searches a buyer's conveyancer carries out. Buyers ask about it, lenders occasionally ask about it, and an unresolved notice can delay a completion while an undertaking is negotiated.
Two practical points if you are selling. Deal with the notice before marketing if you can, because planting a tree is a smaller problem than renegotiating a price. And if works to trees have been carried out on the property in the last few years, check whether the trees were protected by an Order or sat within a conservation area, because conservation area trees have their own notification requirement and their own offence.
Complying without argument
Where the notice is reasonable, compliance is much less expensive than an appeal.
- Read the notice and diary the date it takes effect and the compliance date.
- Confirm the species and size with a nursery, and buy stock that matches the specification.
- Plant in the planting season, which for bare-root stock runs through the winter months, and tell the officer if the season pushes you past the compliance date.
- Prepare the pit properly and stake and water the tree, since a failed replacement puts you back where you started.
- Photograph the planting, dated, and send the photograph to the tree officer.
- Keep the invoice and the photograph with the deeds for the next sale.
If the notice is unreasonable, engage before appealing. A tree officer asked to accept a different species in a workable position will often agree and amend or withdraw the notice, and that conversation costs a phone call.
Where you are planning work near a protected tree rather than dealing with the aftermath, the consent process is a different route, and our note on tree surveys and TPO applications explains the two. A tree survey prepared to the British Standard is the document that supports an application for consent, and you can see the full document set at the report index.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Why is an enforcement notice not used for unauthorised tree felling?
Because felling a tree is not development, so there is no breach of planning control to remedy. The council instead relies on the duty to replant under section 206 of the Town and Country Planning Act 1990, enforced by a replacement notice under section 207. Separately, contravening a Tree Preservation Order is a criminal offence with an unlimited fine.
Do I have to replace a tree I removed because it was dangerous?
Usually yes. Removing a dead tree or one presenting an immediate risk of serious harm is lawful under the exemptions, subject to the notice requirements, but the duty to plant a replacement still applies. Owners often fell correctly and then receive a replacement notice much later, which is not a mistake by the council.
How long does a council have to serve a replacement notice?
Section 207 requires service within four years of the failure to comply with the replanting duty. The duty itself sits on the land until it is performed, and because the duty passes with ownership, a buyer can inherit it. Check whether tree works have been carried out when you buy a property with mature trees.
Can I plant the replacement somewhere more convenient?
Not unilaterally. The notice normally specifies the same position, and planting elsewhere does not discharge it. Where the original position is unworkable because of a building or services, raise it with the tree officer before the notice takes effect and offer an alternative, or appeal on the ground that the requirement is unreasonable.
Is the replacement tree protected?
Yes. The original Tree Preservation Order applies to the replacement as it applied to the tree removed, so consent is needed for later works to it. If the replacement dies, planting another is usually the sensible course, and any maintenance requirement written into the notice will say what is expected of you.
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.