What is a tree preservation order, and what are the high hedges rules?
Two separate regimes addressing opposite problems: one protects trees from being cut down, the other provides a route to force a neighbour to cut something back. Both are commonly misunderstood as being about ownership, and neither is.
Tree preservation orders (TPOs). Made by a local planning authority to protect specific trees, groups or woodlands whose removal would significantly affect the local environment.
What they prohibit: cutting down, topping, lopping, uprooting, wilful damage or destruction — without the authority's written consent. This applies to the tree owner as much as to anyone else.
The penalties are serious. Breach is a criminal offence, with unlimited fines available for destroying a protected tree, and courts have imposed substantial penalties. There is also a duty to replace a tree removed in breach.
Exceptions exist for dead trees and where there is an immediate risk of serious harm, with notice requirements — and relying on these without evidence is risky.
Conservation areas protect trees above a size threshold automatically, requiring six weeks' notice before work.
Crucially, a TPO does not remove your right to abate a nuisance in all cases, but consent is still required — so overhanging branches from a protected tree cannot simply be cut.
High hedges. A separate regime addressing the problem of evergreen hedges blocking light.
What qualifies: a line of two or more mostly evergreen or semi-evergreen trees or shrubs, over two metres tall, forming a barrier to light or access. Deciduous hedges and single trees do not qualify, which is the most common reason complaints fail.
The process is deliberately last-resort. You must show you have tried to resolve it with the neighbour first, and the council will refuse to consider a complaint without that evidence. A fee is usually charged, and it is not refunded if you lose.
The remedy is a notice requiring the hedge to be reduced — usually not below two metres, and never requiring removal.
Ordinary overhanging branches are a separate common-law matter: you may cut back to the boundary, must offer the cuttings back, and cannot trespass to do it.
General information, not legal advice.