Is a tree stump covered by a Tree Preservation Order?

A Tree Preservation Order protects the entire tree — trunk, branches, and roots — and the law treats a live stump capable of regrowth as part of that protected tree. A dead, fully cut stump from a tree felled 5+ years ago is generally not covered, but coppice stools and recently felled stumps almost always are.

The Town and Country Planning (Tree Preservation) (England) Regulations 2012 define a "tree" widely enough to catch live root systems. If the stump still has bark, green shoots, or sap, assume the TPO applies. Penalties run up to £20,000 per tree in the magistrates' court, with unlimited fines on indictment.

Can I legally chop down a tree?

Yes — provided the tree has no TPO, is not in a conservation area, is under the 75mm-diameter threshold measured 1.5m above ground, and is not subject to a felling licence (over 5m³ in a quarter). For anything larger, you need written consent or 6 weeks notice. Penalties for unauthorised felling reach £20,000 per tree.

Three exemptions cover most domestic gardens: trees under 75mm diameter at 1.5m, trees that are dead or imminently dangerous (photographs and a 5-day notice still required), and fruit trees grown for fruit production. Canterbury homeowners dealing with mature garden trees almost always need to check the TPO map first — the city has over 400 individual TPOs and seven conservation areas.

Do I need permission to grind a stump in a conservation area?

Inside a conservation area you must give the council 6 weeks written notice before removing any tree over 75mm diameter at 1.5m above ground, and that protection extends to the live stump and root system. Grinding a long-dead stump is normally fine; grinding a fresh stump from a recently felled tree needs notice. Fines reach £2,500 per tree.

The six-week window lets the council assess the tree and, if needed, issue an emergency TPO. If they do nothing in 6 weeks you can proceed. Kent has dozens of conservation areas — Fordwich, Chilham, Sandwich, and the Faversham creek all sit entirely within one — so check before you book a grinder.

How do I check if my tree has a TPO?

Search your council's interactive TPO map online — every Kent district publishes one. Canterbury City Council, Ashford Borough Council, Dover District Council, Folkestone & Hythe District Council, Thanet District Council, and Swale Borough Council all host TPO and conservation-area layers on their planning portals. Most maps update within 30 days of a new order.

• Canterbury City Council — covers Canterbury, Whitstable, Herne Bay, plus all surrounding villages including Fordwich and Sturry.
• Ashford Borough Council — Ashford town, Wye, Charing, and the rural parishes.
• Dover District Council — Dover, Deal, Sandwich, Aylesham.
• Folkestone & Hythe District Council — Folkestone, Hythe, and the Romney Marsh fringe.
• Thanet District Council — Margate, Ramsgate, Broadstairs, Birchington, Westgate-on-Sea, Minster.
• Swale Borough Council — Faversham, Sittingbourne, and the Isle of Sheppey.

If the map is unclear, email the council tree officer with your postcode, a photo, and the species; most reply within 5 working days. We do this check free of charge when you request a free fixed-price quote.

What happens if I grind a protected stump without permission?

Unauthorised work on a TPO tree or stump is a criminal offence under section 210 of the Town and Country Planning Act 1990. Magistrates can fine up to £20,000 per tree; Crown Court fines are unlimited. The council can also serve a replacement-planting order forcing you to replant a tree of similar size, and the offence is recorded against the property.

Real cases happen. In 2022 a Tunbridge Wells homeowner was fined £14,000 for felling two protected oaks. Insurance does not cover the fine. The contractor you hire can be prosecuted alongside you, which is why a reputable grinder will always check the TPO map before quoting — and walk away from any job that is not clean.

Do I need to tell the council before removing a tree stump?

For a dead, fully felled stump on private land outside a conservation area with no TPO, no — you can grind it today with no notice. For a live stump, a stump inside a conservation area, or any stump from a TPO tree, you must apply for consent or give 6 weeks written notice. Fines reach £20,000 per offence.

The application is free and straightforward. Email the tree officer with the postcode, species (where known), photos, and your reason — disease, subsidence risk, or simple garden redesign all qualify. Ashford and Canterbury both have online forms that take under 10 minutes. We package the paperwork and the fixed quote together so you can submit and book in the same week.