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Do You Need Permission to Cut Down a Garden Tree?

Before the chainsaw comes out, it pays to know whether your tree is legally protected. In and around Derby, a single phone call to the council can save you a fine that runs into thousands of pounds, so here is exactly how to check where you stand.

Published 28 June 2026

The two things that usually require permission

Most garden trees can be felled freely, but two legal protections override that. The first is a Tree Preservation Order (TPO), which Derby City Council or your local district council places on individual trees, groups, or whole areas they consider worth keeping. The second is conservation area status, which covers parts of Derby such as the Strutts Park, Friar Gate and Railway conservation areas.

If either applies, you must get consent before doing the work. For a TPO you submit an application to fell or prune; in a conservation area you give the council six weeks' written notice of your intentions, during which they can decide to make a TPO to stop the work.

  • TPO in place: formal application required, no work until approved
  • Conservation area: six weeks' notice before any cutting
  • Both can apply to the same tree at once

How to check your tree in Derby

Contact the tree officer at Derby City Council, or your relevant council if you are in Amber Valley, Erewash, South Derbyshire or the surrounding districts. They hold the TPO register and conservation area maps and can confirm a tree's status, usually within a few working days.

It is worth checking even if a tree looks unremarkable. Oaks, beeches and mature limes in older Derby suburbs are common candidates for protection, and an order stays with the tree when you buy the property, so a previous owner's TPO is now your responsibility.

When you can cut without asking

If there is no TPO and you are not in a conservation area, you generally do not need council permission to fell or prune a tree on your own land. There are still sensible exceptions to respect.

Dead, dying or genuinely dangerous trees can often be dealt with even when protected, but you must give the council five days' written notice beforehand (except in a true emergency) and keep photographic evidence of the defect. Nesting birds are protected under the Wildlife and Countryside Act 1981, so the safest window for major work is outside the main March to August nesting season.

What it costs to get it wrong

Cutting down a protected tree without consent is a criminal offence. Fines can reach up to twenty thousand pounds in the magistrates' court, with unlimited fines possible for serious cases, and the court can order you to plant a replacement.

A reputable tree surgeon will always check protection status as part of quoting and will handle the council paperwork for you. As a rough guide, felling a medium garden tree in the Derby area typically runs from around three hundred to eight hundred pounds depending on size, access and what happens to the waste, with very large or awkward trees costing more.

Frequently Asked

Common questions, plainly answered.

How do I find out if my tree has a TPO?

Ask the tree officer at your local council, who keeps the TPO register and can confirm a specific tree's status. It is free to check and usually takes only a few working days.

Can I prune a protected tree myself?

Even light pruning of a TPO tree needs consent first, and in a conservation area you must give six weeks' notice. Routine pruning is often approved, but you should never start work until you have it in writing.

What if a protected tree is dangerous?

You can usually deal with a genuinely dangerous or dead tree, but you must give the council five days' notice unless it is an immediate emergency. Take dated photos of the problem before any work starts in case the council asks for evidence.

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