Homeowner slammed with £20,000 fine after cutting back a tree in their garden – legal experts reveal how to stop it happening to you

Gardeners are being warned that cutting back certain trees in their garden could land them with a £20,000 fine.

The warning follows after a homeowner in Stockport made headlines after receiving a £20,000 fine for chopping down a tree in their garden, which he was unaware had been issued a Tree Preservation Order, also known as a TPO. As reported by The Mirror, the homeowner had cut back his tree as it was blocking the light into his conservatory.

TPOs protect trees, areas or woodland with environmental or historical importance, and can be issued to residential trees in gardens.

Right now, there are around 49,000 TPOs issued in England, according to Kate Develly, a solicitor at Gateley Legal, who frequently advises clients on TPOs. And while any tree can be issued a TPO, they are issued independently by the Local Planning Authority.

‘TPOs are issued by the Local Planning Authority (usually the local council), but members of the public can also apply for a TPO to be considered. An authority can decide to issue a TPO based on several factors, including: visibility, size and form, future potential as an “amenity”, rarity, cultural and/or historical value, contribution to or relationship with the landscape, and importance to nature (e.g. local wildlife) or the response to climate change. Authorities can also make emergency TPOs where necessary,’ says Kate.

What are the consequences of cutting down a protected tree?

As TPOs can be issued on private land, it is your responsibility as a landlord or homeowner to check that a tree does not have a TPO before cutting it down or removing it.

‘TPOs are enforced under criminal law, and breaking one can be costly. In the Magistrates’ Court, fines can reach up to £20,000. In the Crown Court, there is no upper limit. Any TPO-protected trees that are lost or felled need to be replaced. A Council will likely make a replacement tree an explicit condition where consent to fell is granted following a TPO application,’ explains Sarah Dodd, environmental lawyer at Tree Law.

‘The recent Newport oak case shows how expensive mistakes can be. A homeowner argued that the tree was blocking her conservatory, but because it was protected, the council prosecuted and she was fined £20,000.

‘The law was reinforced again in August 2025 when Newport Crown Court dismissed the appeal of Mrs Claire Rands, who was convicted for unlawfully felling a protected lime tree. She had tried to argue that Welsh law did not cover “causing or permitting” work, but the court ruled otherwise.

'That judgment confirmed that property owners are liable even if they instruct someone else to carry out the work. The court considered the financial benefit to her property (around £50,000), the environmental damage (the tree was next to a nature reserve), and her culpability, describing her actions as a “blatant disregard” of the TPO.

'She was ordered to pay a £16,000 fine plus £100,000 in prosecution costs - a total of £116,000, to be paid within 12 months. She may also be required to plant a replacement tree.’

How to check if a tree in your garden has a TPO

There is no need to start panicking about your September pruning jobs, as you can easily check if any of your trees have a TPO before you start work.

‘The simplest way is to contact your local planning authority. Most councils maintain an online register of TPOs and conservation areas, or you can make a direct enquiry,’ says Mark Woloshak, Head of Litigation at Howells Solicitors.

‘If you’re buying a property, your solicitor should also flag whether protected trees are present as part of the conveyancing process.’

If the council decides to issue a TPO to one of your trees, they need to contact you first, and there is a window where you can object.

‘Local authorities must also contact you if they decide to protect a tree on your property. Where an authority decides to issue a TPO, it must provide a ‘Regulation 5 notice’ to anyone who is “interested in the land affected by the Order”, such as landowners, tenants, or developers. Once a Regulation 5 notice is issued, you have 28 days to object to a TPO,’ says Kate.

‘Whilst the authority ultimately has discretion over whether to issue a TPO, it must account for any representations or objections you make during this notice period.

It is important to remember that it is not a defence to say that you were unaware of a TPO, so be sure to check with your local authority and/or read any Regulation 5 notices carefully.’

Can you ever cut back a tree with a TPO?

If you find you do have a protected tree on your property, you mustn't cut it back. And if you do need to carry out work, you need to have permission from the Local Planning Authority.

‘If your tree is covered by a TPO, you need to apply for council consent before pruning, cutting back or removing it. Councils may allow limited pruning if it is required for reasonable maintenance, safety or the health of the tree, but if you’re applying based purely on loss of light or blocked views, then that’s less persuasive and often challenged,’ says Sarah.

It is always best to ask, rather than taking a risk and cutting your tree back.

‘Local authorities take enforcement very seriously, as the loss of a mature tree can have a lasting impact on the environment and community,’ says Mark.

‘Homeowners should always check before taking action, as it is far better to seek permission than face enforcement action afterwards.’

So, before you grab your chainsaw, or even just your pruning shears, it's important to double-check the status of your tree and avoid any nasty fines.