Your say / Trees
‘Tree protection law is no longer fit for purpose’
With a view to understanding tree protection enforcement, I have conducted a review of local council investigations into breaches of tree preservation law.
Bristol Tree Forum has been trying for some years to persuade Bristol City Council to enforce breaches of tree protection law.
Unfortunately, we have not been successful. This failure has led us to wonder whether Bristol is typical of other local authorities in rarely sanctioning illegal tree works such as tree removal involving Tree Preservation Order (TPO) trees and trees growing in conservation areas without prior permission.
In recent years, the significance of tree preservation has garnered substantial attention, particularly as urban expansion poses threats to our vital green spaces. Local councils are pivotal in enforcing tree preservation laws, acting as guardians of these indispensable natural resources.
Local councils’ various responsibilities include the creation and enforcement of TPOs, the management of conservation areas, evaluations of planning applications, oversight of compliance, promoting community engagement and biodiversity initiatives, and taking necessary actions against unauthorised tree work.
Despite the critical nature of their role in preserving trees and green spaces, we have discovered a troubling trend regarding enforcement actions.
Key findings from recent investigations
Using the invaluable WhatDoTheyKnow service, I submitted a Freedom of Information (FOI) request called ‘Planning enforcement in relation to protected trees’ to 99 local councils in England – mainly those in the South West and Metropolitan Councils – (32 per cent of 309) on March 15, asking:
Starting on January 1 2024, how many planning enforcement investigations have you undertaken in respect of unauthorised tree works comprising trees protected by a TPO and trees growing within a conservation area?
Of these, how many have resulted in stop notices being issued or other enforcement action (including enforcement warning notices) being taken? How many have resulted in a prosecution And how many of these prosecutions have been successful?
To date, 87 local councils have responded.
Their responses have revealed 2,328 recorded possible breaches of tree preservation law – 1,603 relating to TPO trees and 725 relating to trees in conservation areas.
Alarmingly, only 77 (3.3 per cent) of these resulted in any form of enforcement action being taken, highlighting a significant disparity between breaches of tree protection law and enforcement effectiveness. Still more concerning is the fact that only 26 of these breaches culminated in a prosecution; so far, 16 have been successful.
I accept that further analysis is needed to try to understand why so few investigations result in some form of sanction, even if it is just a requirement that a replacement tree be planted. Perhaps this was simply because there was no breach or, as we have often been told in Bristol, it is ‘not expedient’.
However, it seems unlikely that this low enforcement rate reflects very few breaches of tree protection law.
These statistics perhaps illustrate the considerable challenges that local councils face when it comes to enforcing laws designed to protect trees, highlighting a disconnect between the legal framework in place and its practical implementation.
This situation persists despite widespread acknowledgment of the importance of trees for environmental, aesthetic, and public health reasons.
The landscape of tree investigations
The responses to my FOIs further reveal substantial variability in the number of investigations conducted by different councils, offering insights into their commitment to investigating and enforcing tree preservation laws. Consider the following examples:
Barnsley Metropolitan Borough Council reported a total of 12 investigations, with half of these related to TPOs and half to conservation areas. No enforcement action was taken.
On the other hand, Bournemouth, Christchurch and Poole Council conducted an impressive 158 investigations, signalling a proactive approach to safeguarding trees in their jurisdiction. Despite this, none resulted in enforcement action being taken.
These examples underscore the varying levels of responsiveness and activity among local authorities reflecting, perhaps, their likely resources and priorities when it comes to the critical issue of tree preservation.
Notable cases of enforcement
The FOI data also highlights several councils that have taken noteworthy action against breaches of tree preservation regulations. For instance:
Bradford City Council distinguished itself with 44 investigations, with two prosecutions (one ongoing), demonstrating at least some commitment to enforcement effort concerning tree protection regulations.
Liverpool City Council serves as another significant example, having undertaken 64 investigations and achieved three prosecutions, which also illustrates their commitment to enforcing protective measures for trees in their area.
Despite this, 55 (63 per cent) of the 87 councils which have investigated tree protection breaches took no enforcement action. This includes Bristol City Council, which investigated 38 breaches yet took no action even though I am aware of instances which were clearly breaches.
The importance of tree preservation
Preserving trees goes beyond mere aesthetic appeal; trees play an essential role in fighting climate change, enhancing biodiversity, and promoting better public health outcomes.
They provide much-needed shade, improve air quality, and contribute significantly to the overall wellbeing of communities. The data I have compiled emphasises the urgent need for sustained vigilance and active measures by local councils to protect these invaluable ecological assets effectively.
As urban areas continue to expand, the importance of enforcing tree preservation law will become even more pressing. This investigation serves as a clarion call to local councils to use the powers they have to protect our trees for future generations.
The investigations disclosed by local councils reveal a complex mosaic of action and inaction towards tree preservation. While some councils demonstrate commendable enforcement efforts, many others fall short. This data highlights the need for a concerted and unified approach, to ensure that tree preservation becomes a national priority.
Maybe the time has come to the amend the law on tree protection. It is now some 36 years old and is no longer fit for purpose for the modern age.
Find summarised responses to my FOI requests at bristoltreeforum.org/wp-content/uploads/2026/04/planning-enforcement-in-relation-to-protected-trees-4.xlsx
Mark Ashdown was until recently the chair of Bristol Tree Forum, a voluntary organisation working to protect and plant trees in our city’s public spaces.
Main image: Martin Booth
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