Tree work consents that carry no fee and what they still cost
Consent to work on a protected tree costs nothing to apply for. The arboricultural evidence, the replacement planting duty and the six week notice period are where the money and the delay sit.
There is no application fee for consent to carry out work to a tree protected by a Tree Preservation Order, and no fee for the six weeks notice you have to give before working on a tree in a conservation area. The TPO application fee is nil, which is why people assume a protected tree is an inexpensive problem to solve. The paperwork is free. The arboriculture, the replacement planting and the programme delay are not.
A householder who needs a crown reduction before a loft conversion can easily spend more on the evidence than on the tree work itself.
No fee for consent, and what that actually buys
Applications for consent under the Town and Country Planning (Tree Preservation) (England) Regulations 2012 carry no charge, and the authority has eight weeks to decide. Section 211 of the Town and Country Planning Act 1990 works differently: for a tree in a conservation area that is not already covered by an Order, you give the council six weeks notice of your intention, and it carries no charge either.
Those two routes have different consequences. With a TPO application you get a decision you can appeal. With a section 211 notice you get silence or an Order. If the council does nothing within the six weeks, you may carry out the work as described, and you have two years from the date of the notice to do it. If the council decides the tree merits protection, it makes an Order inside the six weeks and you are back to an application.
Several exemptions sit outside both routes. Dead trees, work needed urgently to remove an immediate risk of serious harm, work required by an Act of Parliament, work by statutory undertakers in specified circumstances, and fruit trees cultivated for fruit production are the ones householders meet. In conservation areas, trees below the stem diameter thresholds in the Regulations are also exempt. Relying on the dead tree exemption still requires notice to the authority, so do not simply fell and explain later.
The arboricultural report the application needs
The form asks for your reasons. A reason in the form of "it is too big" will be refused, and a reason supported by a diagnosis will usually not be.
What the council is looking for depends on what you are asking to do. For felling or heavy reduction on amenity grounds, expect to need a report from an arboriculturist that records species, dimensions, age class, condition, any decay or structural defect, the target it overhangs, and the options short of removal. Where subsidence is claimed, the authority will want the engineer's and arboriculturist's evidence together, including soil and root identification, level monitoring and the crack pattern. Where the work is driven by a building project, a Tree Survey to BS 5837:2012 with root protection areas, a tree constraints plan and an arboricultural method statement is the right document, and it serves the planning application as well.
Climbing inspections, decay detection and monitoring over more than one season all add cost and time. None of it is recoverable from the council.
Six weeks notice and what that does to a programme
The six week clock is the part that bites. A conservation area notice served in February for work you wanted done before birds nest in March leaves no margin, and the breeding bird season under the Wildlife and Countryside Act 1981 then closes the window until roughly August. Bat roosts in mature trees add their own constraint, because disturbing a roost without a licence is an offence whatever the tree's planning status.
Sequence the consents in this order:
- Commission the arboricultural assessment and any bat or nesting bird check.
- Serve the section 211 notice or submit the TPO application, with the report attached.
- Allow the full statutory period plus a fortnight for queries.
- Book the contractor only once the period has run or consent is granted.
Trying to run the tree consent in parallel with a planning application is reasonable. Trying to run it in parallel with a booked contractor is not, and our note on why ecology survey costs vary between quotes explains why the seasonal constraint is the expensive part rather than the day rate.
Replacement planting duties after consent
Consent to fell a protected tree normally comes with a condition requiring a replacement, and the Act imposes a duty to replace a tree removed because it was dead or in contravention of an Order. The replacement is then protected by the original Order automatically.
Budget for the tree, the pit preparation, irrigation over the establishment period and the aftercare. A semi-mature specimen planted into an urban pavement with a root barrier and an irrigation system is a construction item rather than a gardening one. BS 8545 covers the handover and establishment stages, and a council that has been let down before may ask for a five year maintenance commitment in writing.
Refusal, appeal and the compensation provision
A refusal, or a consent with conditions you cannot live with, can be appealed to the Secretary of State and the appeal itself is free. Written representations are the normal route and the Planning Inspectorate decides it. Your costs are the report and whatever help you take with the statement, which is a fraction of the figures set out in our comparison of appeal route costs.
The Regulations also provide for compensation from the authority for loss or damage caused in consequence of a refusal or a conditional consent. It is narrower than it sounds. The Regulations set out exclusions, including loss attributable to development value and claims below a stated floor, and there is a time limit for making a claim, so read regulation 24 before building a business case on it. Claims for damage caused by a protected tree to a building are the most common and the hardest, because you have to show the loss followed from the refusal rather than from the tree itself.
Where a felling licence is needed instead
Outside gardens, the Forestry Act 1967 bites. Felling more than five cubic metres of timber in a calendar quarter generally needs a felling licence from the Forestry Commission, and the licence is free to apply for. Gardens, orchards, churchyards and public open spaces are exempt from the licensing regime, which is why householders rarely meet it and rural owners regularly do.
Where a tree is both subject to an Order and inside woodland needing a licence, the licence takes precedence and the authority is consulted. That saves a duplicate application but not the arboricultural evidence.
Budgeting a tree project that looks free
Set out the cost lines before you decide. The consent costs nothing. The arboricultural report, any bat or nesting check, the contractor with the right insurance and traffic management if the tree overhangs a highway, the replacement tree and five years of aftercare, and the delay to the main project all do.
For a householder, that delay is usually the largest number, because a tree constraint that pushes a build into the following spring carries the contract price increase with it. Compare the figures against your wider application budget alongside the other unavoidable lines covered in our note on budgeting for CIL and the exemption paperwork. If you are pricing the supporting documents at the same time, see PlanScope pricing for one free report, £50 per report, or Professional for unlimited reports. The arboricultural work still needs a suitably qualified author, and councils expect one for a BS 5837 report.
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
How much does a TPO application cost?
Nothing. Applications for consent to carry out work to a tree protected by a Tree Preservation Order carry no fee under the 2012 Regulations, and the authority has eight weeks to decide. The cost falls on the arboricultural evidence supporting the reasons for the work and on any replacement planting condition attached to consent.
What happens if the council does not respond to a section 211 notice?
If the authority takes no action within the six week period, you may carry out the work exactly as described in the notice, and you have two years from the date of the notice to do it. If the authority considers the tree worth protecting it will make a Tree Preservation Order inside those six weeks instead.
Can I claim compensation if consent is refused?
The Tree Preservation Regulations 2012 allow a claim against the authority for loss or damage caused in consequence of refusal or a conditional consent, but the exclusions are wide and include loss attributable to development value, with a floor on small claims and a deadline for claiming. Read regulation 24 before relying on it.
Do I need a felling licence as well as TPO consent?
Only outside gardens and similar exempt land. Felling more than five cubic metres of timber in a calendar quarter generally needs a free felling licence from the Forestry Commission. Where a tree is both protected by an Order and within licensable woodland, the licence route takes precedence and the authority is consulted on it.
Is there a fee to appeal a refused tree application?
No. An appeal against refusal of consent, or against conditions you cannot accept, goes to the Secretary of State at no charge and is normally decided by written representations. Your costs are limited to the arboricultural report and any professional help with the statement of case.
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.