Tree Preservation Orders: Why Ground Screws Are Your Safest Foundation Choice

Tree Preservation Orders (TPOs) across the entirety of the UK prohibit the cutting, uprooting, topping, lopping, or otherwise willful damaging of trees without the local planning authority’s written consent. 

Break a TPO, and you’re not just facing hefty fines – you’re committing a criminal offence that can result in prosecution and unlimited penalties.

Yet thousands of property owners need to build near protected trees every year. The challenge is creating stable foundations without damaging root systems or breaching TPO conditions. 

Traditional concrete foundations require exactly the kind of extensive excavation that TPO legislation is designed to prevent.

Ground screws offer a solution that respects both your building requirements and TPO compliance. 

They provide robust foundations while causing minimal disturbance to protected tree root systems, helping you avoid the legal and financial consequences of TPO breaches.

Understanding Tree Preservation Orders and Their Legal Implications

A Tree Preservation Order is an order made by a local planning authority to protect specific trees, groups of trees, or woodlands in the interests of amenity. 

While England, Wales, Scotland, and Northern Ireland have different rules surrounding TPOs, the essence is the same – they legally protect trees from activities that could damage them. 

What TPOs Protect

TPOs can cover various categories of tree protection, with some variations and nuances depending on the council. For example, according to Bucks CC:

• Individual TPOs protect trees that have grown up individually, 
• Group TPOs protect trees that have become co-dependent on one another, 
• Area TPOs protect all trees present within an area at the time the Order was made, and 
• Woodland TPOs protect all trees within the defined area, present and future

Tree protection itself is comprehensive, covering all parts of the tree, including roots and branches.

Root protection refers to any foundation work that could damage root systems, which falls under TPO restrictions. It’s particularly problematic, as roots can extend some 3 to 5 metres from the base of the root or more. 

The Criminal Nature of TPO Breaches

TPO breaches aren’t civil matters – they’re criminal offences with serious consequences. Conviction in a Magistrates’ Court can result in a fine of up to £20,000. 

Serious offenders may be committed for trial in the Crown Court, where, if convicted, an unlimited fine may be imposed.

The liability is strict, meaning ignorance isn’t a defence. In the case of Maidstone Borough Council v Mortimer, a professional tree feller was held liable for cutting down a protected oak tree even though they did not know it was protected. 

Real-World Financial Consequences

Think legal action on TPOs is rare? Not exactly. 

In 2019, a homeowner in Canford Cliffs, Dorset, removed branches from an oak tree protected under a Tree Preservation Order (TPO) because they were shading the Juliet balcony at his £1 million home. 

He was fined £1,200, with an additional £21,000 confiscated under the Proceeds of Crime Act, as his home had increased in value as a result. 

Another case witnessed even heavier penalties. Eleven TPO-protected trees were cut down by the owner of a £1.4 million Dorset home. He was fined £12,000 and was liable for £20,000 in legal costs. 

A confiscation order was also made in the sum of £137,500, again referring to the property’s increase in value from the works. 

How to Check if Trees Are Protected Before Building

Before undertaking any building project, you must determine whether trees on or near your site are protected. 

This is usually the council you pay your council tax to, however, if the tree(s) are in the Broads Authority area or a National Park, you should consult the relevant authority.

Using Local Authority Resources

Most councils provide online mapping systems that show TPO locations, such as this one by Cheshire West and Chester Council.

However, these maps aren’t always complete or up to date. You can complete an enquiry form to check whether a tree is protected by a Tree Preservation Order (TPO) or located in a conservation area. 

A sketch plan showing the location of the tree, along with photos, is required to accurately identify the relevant tree(s).

The rule of thumb is to never cut, lop, or otherwise damage existing mature trees you did not plant yourself recently without a proper investigation. 

Professional Assessment

For complex sites or high-value projects, a professional arboricultural assessment provides added security. 

Tree consultants can identify protected trees, assess root protection zones, and advise on compliance strategies before you commit to foundation designs.

Why Traditional Foundations Create TPO Compliance Problems

Conventional foundation methods tend to conflict with TPO requirements.

Concrete foundations, jack pads, and traditional ground preparation all require activities that TPO legislation specifically prohibits. Here’s why this is the case:

Excavation and Root Damage

Cutting roots is a prohibited activity and requires the authority’s consent. Traditional foundations typically require:

• Trench excavation that severs primary roots
• Ground preparation that damages surface root systems
• Heavy machinery access that compacts the soil around trees
• Concrete placement that blocks water and nutrient movement

Each of these activities potentially breaches TPO conditions, requiring formal consent applications that can take up to eight weeks to process. 

If damage cannot be avoided or is considered too catastrophic, councils may refuse consent entirely. Councils rarely show flexibility when it comes to TPO decisions and typically err on the side of tree protection.

The Planning Application Challenge

An application for works on a tree protected by a Tree Preservation Order can take up to 8 weeks to gain approval. 

This extended timeline can delay your entire project, particularly problematic when you’re working to building regulation deadlines or seasonal weather windows.

Even with consent, conditions often limit the extent of root disturbance, making traditional foundations impractical or impossible to implement within TPO constraints.

Ground Screws: TPO-Compliant Foundation Solutions

So, how do you safely and soundly build near trees without inciting the council’s rage over a TPO? 

Ground screws are the answer. They address TPO compliance by minimising root disturbance while providing robust structural support. 

Ground Screws Avoid Roots Or Disturb Them Minimally

Unlike concrete foundations, ground screws are rotated into position using controlled pressure. 

This displaces soil rather than removing it, preserving the majority of root systems around protected trees. Each screw affects only a small area – typically less than 200 mm in diameter – leaving the root networks largely intact.

The installation can be exactly positioned to avoid major visible roots. If substantial roots are encountered during installation, the screw’s location can be adjusted easily.

Ground Screws Have No Excavation Requirements

Ground screws eliminate the need for trenches, foundation holes, or extensive ground preparation. This removes the primary risk of root damage that makes traditional foundations problematic for TPO compliance.

There’s no spoil to remove from site, no concrete mixing near protected trees, and no requirement for heavy machinery that could compact soil or damage overhanging branches.

Ground Screws Usually Comply with TPO Consent Conditions

When TPO consent is required, ground screws often satisfy the conditions more easily than traditional foundations. They have a low profile, which, combined with precise positioning, tends to support TPO Consent applications. 

Many arborists and planning authorities now specifically recommend ground screws for building projects near protected trees, recognising their superior compatibility with the objectives of conservation and tree preservation. 

How Ground Screws Support the TPO Application Process

If your project requires TPO consent, ground screws provide several advantages in the application process:

Strengthening Your Consent Application

The form must include all relevant information, as this will be the basis for making a decision. Ground screw foundations demonstrate:

• Minimal root disturbance through precise positioning
• No excavation requirements that could damage root systems
• Reversible installation if future tree management requires it
• Professional installation ensuring controlled execution

Reduced Consent Risk

Planning authorities assess TPO applications based on potential tree damage. 

Ground screws present significantly lower risk profiles than traditional foundations, improving your chances of consent approval and reducing conditions that might be attached to any permission granted.

Professional Installation for TPO Compliance

While ground screws can be self-installed in many situations, TPO sites often benefit from professional installation to ensure full compliance and proper documentation.

This is vital to ensure you don’t accidentally damage the tree or violate the terms of the council’s permission. Here’s what you can expect:

Expert Site Assessment

First off, experience matters. Our installation teams bring specialist knowledge of TPO requirements and arboricultural best practices. 

We assess each site individually, identifying optimal screw positions that provide excellent structural performance while respecting root protection zones.

Liaison with Authorities

We’ve worked with councils, planning authorities, and tree officers – vital experience that helps ensure our installations meet their terms and policies.

Real-World TPO Success: Perimeter Railing Case Study

Redrow Homes needed secure perimeter railing for a London development within a protected TPO area. 

Traditional concrete foundations would have damaged critical tree root systems, breaching preservation guidelines.

We installed 21 x 114mm x 2100mm ground screws, strategically positioned to avoid root damage while eliminating the need for excavation. The ground screws accommodated varying ground heights due to uneven terrain, providing stable, level foundations for the perimeter railing.

The completed installation delivered the required security infrastructure while maintaining full TPO compliance, illustrating how ground screws are the ideal solution for boundary projects within environmentally sensitive areas.

Build Responsibly Around Protected Trees With Ground Screws

TPO compliance doesn’t have to compromise your building ambitions. 

Ground screws are an elegant, functional solution that respects tree protection requirements while delivering the foundation performance your project needs.

The key is understanding your obligations before you start. Check for TPO protection early in your planning process, engage with local authorities as necessary, and select foundation methods that align with tree preservation objectives rather than conflicting with them.

Ready to explore TPO-compliant foundations for your project? Browse our range of ground screws and brackets, contact our team for guidance on your project, or start calculating how many ground screws you need with our easy-to-use calculator. 

With our experience and your vision, you can build the foundations you need while respecting the trees at your location.