Ancient and culturally important trees in England could be given legal protections under plans set out in a UK government-commissioned report.
Sentencing guidelines would be changed so those who destroy important trees would face tougher criminal penalties. Additionally, a database of such trees would be drawn up and they could be given automatic protections, with the current system of tree preservation orders strengthened to accommodate this.
There was an outpouring of anger this week after it was revealed that a 500-year-old oak tree in Enfield, north London, had been sliced almost down to the stumps. It later emerged it had no specific legal protections, as most ancient and culturally important trees do not.
After the Sycamore Gap tree was felled in 2023, the Department for Environment, Food and Rural Affairs asked the Tree Council and Forest Research to examine protections for important trees and to see if they needed to be strengthened. The trial of two men accused of felling the Sycamore Gap tree is due to take place this month at Newcastle crown court.
The report, seen by the Guardian, found there was currently no definition of important trees, and that some of the UK’s most culturally important trees have no protection whatsoever. The researchers have advised ministers to create a taskforce within the next 12 months to clearly define “important trees” and swiftly prepare an action plan to save them.
Defra sources said ministers were evaluating the findings of the report.
Jon Stokes, the director of trees, science and research at the Tree Council, said: “Ancient oaks can live up to 1,000 years old and are as precious as our stately homes and castles. Our nation’s green heritage should be valued and protected and we will do everything we can to achieve this.”
The main protection for trees is a tree preservation order (TPO), which is granted by local councils. Failure to obtain the necessary consent and carrying out unauthorised works on a tree covered by a TPO can lead to a fine of up to £20,000.
The Woodland Trust has called for similar protections, proposing the introduction of a list of nationally important heritage trees and a heritage TPO that could be used to promote the protection and conservation of the country’s oldest and most important trees. The charity is using citizen science to create a database of ancient trees.
The report’s authors defined “important trees” as shorthand for “trees of high social, cultural and environmental value”. This includes ancient trees, which are those that have reached a great age in comparison with others of the same species, notable trees connected with specific historic events or people, or well-known landmarks.
It could also include “champion trees”, which are the largest individuals of their species in a specific geographical area, and notable trees that are significant at a local scale for their size or have other special features.
Richard Benwell, the CEO of the environmental group Wildlife and Countryside Link, said: “Ancient trees are living monuments. They are bastions for nature in an increasingly hostile world and home to a spectacular richness of wildlife. We cannot afford to keep losing these living legends if we want to see nature thrive for future generations.
“The government should use the planning and infrastructure bill to deliver strict protection for ancient woodlands, veteran trees, and other irreplaceable habitats.”
Felled ancient trees
In 2020, the 300-year-old Hunningham Oak near Leamington was felled to make way for infrastructure projects.
In 2021, the Happy Man tree in Hackney, which the previous year had won the Woodland Trust’s tree of the year contest, was felled to make way for housing development.
In 2022, a 600-year-old oak was felled in Bretton, Peterborough, which reportedly caused structural damage to nearby property.
In 2023, 16 ancient lime trees on The Walks in Wellingborough, Northamptonshire, were felled to make way for a dual carriageway.
