Is my tree protected? Checking for a TPO or conservation area in Rugby

What is a Tree Preservation Order?

A Tree Preservation Order is an order made by the local planning authority to protect specific trees, groups of trees or woodlands. In Rugby, that’s Rugby Borough Council. A TPO prohibits cutting down, topping, lopping, uprooting, wilful damage and wilful destruction of the tree without the council’s written consent (GOV.UK).

• The government’s view is that cutting a protected tree’s roots needs consent too.
• A TPO can protect a tree of any size or species.
• It can include trees growing in a hedge, but it doesn’t normally cover shrubs.

What about conservation areas?

Trees in a conservation area have protected status. Rugby Borough Council says you must give it six weeks’ notice before felling, pruning or uprooting a tree in a conservation area, unless the tree is already covered by a TPO or presents a hazard to public safety (Rugby Borough Council). This is often called a section 211 notice.

Very small trees are exempt. No notice is needed for a tree whose trunk is 75 millimetres across or less, measured 1.5 metres above the ground (GOV.UK).

Rugby borough has 19 conservation areas, including Dunchurch, Bilton, Hillmorton Locks, Old Brownsover, Rugby Town Centre and Rugby School. The council lists them all with a character appraisal for each (Rugby Borough Council: conservation areas).

How do I check if my tree is protected?

1. Ask Rugby Borough Council. Its TPO page says: “Always check with the council before carrying out work on a tree” (Rugby Borough Council: Tree Preservation Orders).
2. Check the conservation area list. See whether your address is in one of the borough’s 19 conservation areas (list and appraisals).
3. Outside Rugby borough? If you live in Coventry, Barby or another area outside the borough, your own council deals with this. GOV.UK can tell you which council covers your address (find your local council).
4. Tell us when you ask for a quote. If you already know about a TPO or conservation area, mention it in your enquiry. If you’re not sure, we’ll talk it through with you.

What if my tree is protected?

For a TPO tree, you apply to the council for consent. For a tree in a conservation area, you give the council notice. For both, Rugby Borough Council links to the standard form on the Planning Portal. GOV.UK says (GOV.UK):

• Anyone can apply. It’s usually the tree’s owner, or a tree contractor or other agent acting for them.
• The application must say clearly what work is proposed and why, with a plan that shows which tree it is.
• If the council hasn’t decided a TPO application within 8 weeks, you can appeal.
• Consent normally lasts 2 years from the date it’s granted.

What if the tree is dead or dangerous?

There are exceptions for dead trees and for trees that present an immediate risk of serious harm, but they come with rules. For a dead tree, 5 working days’ written notice must normally be given to the council first.

Where a tree is an immediate danger, written notice must be given as soon as practicable, and only the work needed to remove the danger should be done. There is often a duty to plant a replacement tree (GOV.UK).

GOV.UK advises taking care not to go beyond an exception, and getting advice or confirmation from the council before relying on one. If a tree has come down or is dangerous, call us on 07511 208277. We take on emergency tree work.

What happens if work is done without permission?

Rugby Borough Council’s TPO page says: “Breaching a TPO can result in a maximum fine of £20,000” (Rugby Borough Council). This is the legal penalty, not a charge from us. GOV.UK adds that serious cases can go to the Crown Court, where the fine is unlimited (GOV.UK).

It’s also an offence to cause or permit unauthorised work, so the person who arranges the work can face action as well as the person who carries it out. The same penalties apply to trees in a conservation area cut without notice (GOV.UK).

Does wildlife law still apply?

Even when no permission is needed, wildlife law still applies. GOV.UK says anyone working on a tree, even under an exception, should make sure they don’t break the laws protecting wildlife, such as birds and bats (GOV.UK). Our guide to the best time to cut a hedge explains the rules on nesting birds.

For the work itself, see our tree surgery in Rugby, crown reduction and pruning and tree removal pages.

Quick questions

Sources

We checked these official pages on 31 October 2026. The law can change, so follow the latest version on each site.

• GOV.UK: Tree Preservation Orders and trees in conservation areas
• Rugby Borough Council: Tree Preservation Orders
• Rugby Borough Council: Trees in conservation areas
• Rugby Borough Council: Conservation areas and character appraisals
• Rugby Borough Council: Trees
• GOV.UK: Find your local council

Who wrote this guide?

This guide was written by Jaydon Barnard, an NPTC certified tree surgeon and a director of Branchard Tree & Landscapes Services Ltd, tree surgeons based in Dunchurch, Rugby. Jaydon holds a Level 3 Extended Diploma in Forestry and Arboriculture from Moulton College. The business is run by brothers Jaydon and Chris Barnard. Both directors are NPTC certified, at least one of them is on every job, and we carry public liability insurance.

More about us: tree surgeon in Rugby.

Details checked October 2026. If anything here is out of date, please tell us on 07511 208277.