Do You Need Permission to Cut Down a Tree in Cumbria?

June 22, 2026

One of the most common questions we are asked — before people even pick up the phone to get a quote — is whether they need permission to cut down, prune or remove a tree on their property. It is a sensible question. Get it wrong and you could face a significant fine.

The short answer is: it depends. There are two main scenarios where you need to involve the council before carrying out tree work.

1. Tree Preservation Orders (TPOs)

A Tree Preservation Order (TPO) is a legal protection placed on a specific tree, group of trees or woodland by the local planning authority. If your tree has a TPO, you must apply for and receive written consent from the council before carrying out any work — including pruning, felling, topping or uprooting.

TPOs are placed on trees that make a significant contribution to the local environment. In Cumbria, they are particularly common in and around towns, villages and residential areas — including Kendal, Grange-over-Sands, Cartmel, Windermere and Lancaster.

You can find out whether your tree has a TPO by:

Searching your council's online planning map (available on Westmorland and Furness Council, Lake District National Park Authority and Lancaster City Council websites)
Contacting the council's planning department directly
Asking us — we can check for you as part of a site visit

2. Conservation Areas

If your property or tree is within a Conservation Area, different rules apply even without a TPO. You must give the local planning authority at least six weeks' written notice before carrying out any work on a tree with a trunk over 75mm in diameter (measured at 1.5m height).

This notification period gives the council time to consider whether to make a TPO. If they don't respond or make a TPO within six weeks, you can proceed with the work you described in your notice.

Cumbria has many Conservation Areas, including the centres of Grange-over-Sands, Cartmel, Kendal, Kirkby Lonsdale, Windermere and Ambleside, plus dozens of rural villages across South Lakeland and the Furness Peninsula.

When You Don't Need Permission

Outside of TPOs and Conservation Areas, most trees in private gardens can be managed without planning permission — subject to a few caveats:

The tree is not subject to any planning condition requiring its retention
The tree is not in a Site of Special Scientific Interest (SSSI) — though this is rare for garden trees
The work complies with wildlife protection laws (no disturbance to active bird nests, bat roosts etc.)

Even where permission is not technically required, it is always worth seeking professional arboricultural advice before removing large or mature trees, particularly if they are significant features of your garden or local streetscape.

What About Neighbour's Trees Overhanging Your Property?

You have a legal right to cut back branches and roots from a neighbour's tree that overhang or encroach onto your property — but only up to the boundary. You don't need your neighbour's permission, but you must offer the cut material back to them (it remains their property). You cannot cut beyond your boundary without permission. If the tree has a TPO, different rules apply — check with us or the council first.

Emergencies — Dead, Dying or Dangerous Trees

If a tree — including a protected one — is dead, dying or poses an immediate risk to people, some work may be carried out without prior consent in a genuine emergency. However, you must notify the council as soon as reasonably practicable afterwards, and be able to demonstrate that the urgency was genuine. Contact us on 07376804724 if you have a potentially dangerous tree — we can advise on the right procedure.

We Handle the Paperwork

At Max Reynolds Tree Services, we handle all TPO applications and Conservation Area notifications on behalf of our clients. You don't need to navigate the planning system yourself. We assess the tree, advise on what work is likely to be approved, prepare and submit the application, liaise with the council arboricultural officer and then carry out the approved works once consent is granted.

Phone/WhatsApp: 07376804724 | Contact us here

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