Working on Protected Trees

If you want to carry out works to a protected tree you need the consent of the Council.

If the works are reasonable and do not place local amenity at serious risk, they will normally be allowed.

Trees have protection under planning law if:

• They are included in a tree preservation order (TPO). An Order may be made at any time on individual trees, groups of trees or woodland to safeguard amenity provided they can be seen from a road, footpath or other public place. Trees with the potential to offer amenity after development may also be considered. A wide range of species may be covered including native, exotic and fruit trees. The TPO is served on the owners of the land and adjoining properties. The owners have 28 days to object to the Council. If an Order is confirmed it is recorded in the Register of Local Land Charges. This means it is disclosed to purchasers when property is being sold. The Council's Planning and Transportation Service keep records and these are available for public inspection. Once a TPO has been made, Council permission is needed for any works to the tree. Works may include felling, pruning and any operation that affects the health and amenity value of the tree.
• They are in a conservation area and they are above a minimum size. The minimum size is 75mm diameter at 1.5 metre above ground level. It is breaking the law to carry out work to these trees without first providing a completed application form and giving the Council at least six weeks notice of the intended works.
• The Council has granted a planning permission for the site, subject to conditions to safeguard the trees against damage. Any felling and pruning will require written approval from Council. These controls are often limited for a specified period following development. The Council's planning officer will advise if they still apply.

Last Update: 07/12/2011