Tree survey or TPO application: two different processes
One informs a design, the other asks permission to cut. A practical comparison of BS 5837 surveys, TPO consent applications and conservation area tree notices.
A tree survey and a tree preservation order application do different jobs, and confusing them costs time. A tree survey describes the trees on and around a site so that a design can respond to them, and it supports a planning application. A TPO application asks the council for consent to prune or fell a tree that is already protected. You can need one, the other, both in sequence, or neither. Deciding which applies starts with a single question: is the work being done to build something, or to the tree itself?
| Tree survey (BS 5837) | Consent for works to a protected tree | |
|---|---|---|
| Purpose | Inform design and support a planning application | Permission to prune or fell a protected tree |
| Prepared by | Arboricultural consultant | Owner or agent, with arboricultural evidence |
| Fee | Consultant fee, no council fee | No application fee |
| Decision period | Determined with the planning application | Eight weeks for a TPO application, six week notice in a conservation area |
| Appeal | Planning appeal | Appeal to the Planning Inspectorate |
Survey for design against consent for works
If a tree is protected and you want to reduce its crown, the only route is an application to the local planning authority for consent, made under the Town and Country Planning (Tree Preservation) (England) Regulations 2012. No survey is needed for that. A short arboricultural justification helps.
If you are extending a house, building an outbuilding or developing a plot, and there are trees on or next to the site, the council will expect a survey to BS 5837:2012 whether or not any tree is protected. That survey shapes the layout, the foundation design and the construction method, and it accompanies the planning application rather than forming an application of its own.
Where the tree is protected and the work is needed to implement a planning permission, separate consent is generally not required, because implementing a permission is one of the exceptions in the legislation. The permission has to have been granted, not applied for.
What a BS 5837 survey contains
A survey to the standard records each tree with a reference number tied to a plan, the species, height, stem diameter, crown spread by compass point, an estimate of remaining contribution in years, and a category. Categories run from A for high quality trees through B and C to U for trees that should be removed for reasons unrelated to development.
The survey then produces the root protection area for each retained tree, drawn as a radius or a modified shape where roots are constrained. That circle is the thing that drives the design. Foundations, drainage runs, scaffolding, site huts and spoil heaps all have to be resolved outside it, or designed to a specification that allows them within it.
Two further documents usually follow on a development site. An arboricultural impact assessment sets out what the scheme does to each tree and what is lost, and a tree protection plan with a method statement sets out barriers, ground protection and any supervised works. On a householder extension, all three are often combined into one short report.
Applying for consent to a protected tree
An application for consent under a tree preservation order goes to the council on the standard form with a location plan, a clear description of the work on each tree, and the reasons for it. There is no fee.
Describe the work in arboricultural terms. A request to "cut the tree back" invites a refusal, while "reduce the lateral branches on the north-east quadrant by up to 2 metres, to previous reduction points, in accordance with BS 3998" tells the tree officer what will be left. Photographs with the branches marked help more than a paragraph.
Give the reason honestly. Subsidence claims need engineering and arboricultural evidence linking the damage to the tree, usually including soil sampling and level monitoring. Light loss and leaf drop are weaker reasons, and nuisance alone rarely succeeds.
The council has eight weeks to decide a TPO application. Refusals and conditions carry a right of appeal to the Planning Inspectorate, and there are compensation provisions for loss caused by a refusal in some circumstances, subject to conditions and time limits worth checking before relying on them.
Six week notice in a conservation area
Trees in a conservation area that are not already covered by an order are protected differently. Instead of applying for consent, you give the council six weeks' written notice of the intended works under section 211 of the Town and Country Planning Act 1990.
During those six weeks the council can do one of three things: make a tree preservation order, tell you it has no objection, or say nothing. Silence after six weeks means the work can proceed, and the permission lasts for two years from the notice.
Smaller trees are exempt. The usual threshold is a stem diameter of 75 millimetres measured at 1.5 metres above ground, with a larger allowance where trees are being thinned to help the growth of other trees. Measure before you assume, because the exemption is narrower than most people expect.
The same six week notice applies to works to trees in a conservation area even where the work is minor, which catches out owners who have just been told that demolition in a conservation area needs its own consent. They are separate regimes with separate forms.
Replanting conditions and duties
Consent to fell a protected tree usually comes with a condition requiring a replacement, and the condition will name a species, a size and a planting season. Take that seriously, because the replacement tree is protected by the original order.
There is also a statutory duty to replace a protected tree removed in contravention of an order, or removed under the dead or dangerous exemption. The duty falls on the landowner and the council can enforce it by notice. Planting a whip where an oak stood does not discharge it.
On a conservation area notice, the council cannot impose conditions, which is one reason it sometimes responds by making an order instead.
Exemptions for dead or dangerous trees
Dead trees can be removed without consent, and so can work needed urgently to remove an immediate risk of serious harm. Both exemptions are narrower than they sound.
Five working days' written notice must normally be given to the council before removing a dead tree, and where the work is urgent, notice must be given as soon as practicable afterwards. Keep dated photographs, a written arboricultural opinion and a record of what was removed. The burden of proving the exemption sits with whoever did the work, and a fine for unauthorised works to a protected tree can be substantial.
Do not rely on a contractor's word that a tree is dangerous. Get an arboriculturist to record the defect before the saw comes out. And take the photographs from a distance as well as close up, because a decay pocket means little to a tree officer without the whole stem in view.
Sequencing both on a development site
On a plot with protected trees, the order is survey, design, permission, then works. Commission the BS 5837 survey before the layout is drawn, so that the root protection areas inform the footprint rather than being discovered afterwards.
If the scheme requires a protected tree to be felled, deal with it inside the planning application. The council will weigh the loss against the benefits of the development with the arboricultural evidence in front of it, and a permission granted on that basis carries the authority for the felling. Applying separately under the order first splits the decision and usually produces a refusal, because the tree officer is being asked to approve a loss with no development justification attached.
Tree work outside the scheme, such as routine pruning of a protected tree elsewhere in the garden, still needs its own application or notice.
To see which documents a site with trees is likely to need, enter the postcode on PlanScope or browse the report index and start with the tree reports.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval. This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it.
Frequently asked questions
Do I need a tree survey to apply for consent under a TPO?
Not usually. A consent application needs a clear description of the works, a plan showing the tree and the reasons for the work. A short arboricultural opinion helps, particularly for subsidence or defect claims, but a full BS 5837 survey is a design tool for development sites rather than a requirement for tree works.
Is there a fee for a tree preservation order application?
No. Applications for consent to carry out works to a tree protected by a tree preservation order are free, as are section 211 notices for trees in a conservation area. The council has eight weeks to determine a consent application, and a refusal can be appealed to the Planning Inspectorate.
What happens if the council does not reply to a conservation area notice?
If six weeks pass with no response and no tree preservation order is made, the works described in the notice can go ahead. That permission lasts two years from the date of the notice. Keep the acknowledgement and a copy of what you sent, because the description in the notice sets the limit of what is allowed.
Can I fell a protected tree if planning permission has been granted?
Where the felling is necessary to implement a full planning permission, separate consent under the order is generally not required. The permission must already be granted, the works must be needed to implement it, and any tree protection conditions still apply. Confirm the position with the tree officer before work starts.
Who has to replace a protected tree that has been removed?
The landowner. A duty to plant a replacement arises where a protected tree is removed in contravention of an order or under the dead or dangerous exemption, and the council can enforce it by notice. The replacement tree is protected by the original order once planted.
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.