Do You Need Permission to Cut Down a Tree in Your Garden?

The short answer

If the tree is on land you own, is not protected by a Tree Preservation Order, is not in a conservation area, and no wildlife is nesting in it, you are generally free to fell or prune it. That covers the majority of garden trees we work on around Skegness, Ingoldmells, Chapel St Leonards and Wainfleet.

The catch is that protection is not obvious from looking at a tree. A scruffy sycamore can carry a Tree Preservation Order while a handsome oak next door has none. The legal responsibility for checking sits with the person who orders the work, which is you, not just the contractor. So it is always worth confirming before any felling starts.

Tree Preservation Orders: how to check

A Tree Preservation Order, usually shortened to TPO, is made by the local council to protect specific trees or groups of trees. Around here that is East Lindsey District Council. If a TPO applies, you need the council's written consent before felling, topping, lopping or even removing significant branches. Applications are free, but decisions typically take up to eight weeks.

Checking is straightforward. You can search East Lindsey's online planning records, or simply ring or email their tree officer with your address. We do this as a matter of course before quoting for removals, and a reputable local tree surgeon should never fell first and ask questions later.

• Contact East Lindsey District Council's planning department with your address
• Ask specifically whether any TPO or conservation area designation applies
• Keep a copy of the reply, as written confirmation protects you later
• If consent is needed, apply before booking any felling work

Conservation areas work differently

In a conservation area you do not apply for consent in the usual way. Instead you must give the council six weeks written notice, called a Section 211 notice, before working on any tree with a trunk diameter over 75mm measured at 1.5 metres above ground. The council then has that window to decide whether to protect the tree with a TPO.

Parts of the Lincolnshire coast and nearby market towns such as Alford, Spilsby and Louth have designated conservation areas, so do not assume it only applies to picture postcard villages. If you fell a protected tree without consent or notice, the penalty in the magistrates court can reach £20,000, and serious cases going to Crown Court carry an unlimited fine. Courts can also require you to plant a replacement tree.

Other checks before felling

Nesting birds are the one people forget. All wild birds, their nests and eggs are protected under the Wildlife and Countryside Act 1981, so major work on a tree with an active nest is an offence regardless of who owns it. The main nesting season runs roughly from March to August, and we inspect every tree before starting. Sometimes that means delaying a job a few weeks, which is far better than breaking the law.

A few other situations need a word. If you rent, you need your landlord's permission, and leasehold properties often have restrictions in the lease. Trees on a boundary belong to the land the trunk stands on, so a shared or neighbouring tree is not yours to fell even if it overhangs your garden. Felling licences from the Forestry Commission rarely affect homeowners because garden trees are exempt, but they can apply on paddocks and larger plots where more than five cubic metres of timber is felled in a calendar quarter.

As for cost, a straightforward removal of a small garden tree in the Skegness area often falls somewhere between £150 and £500, while large or awkward trees near buildings or power lines can run to £1,000 or more. It depends on size, access and what happens to the timber and stump, so treat any quote given without a site visit with caution.