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A brief guide to legislation for trees

 24/11/2015    Last Modified: 12/02/2016

Some trees are protected by legislation, and it is essential that you establish the legal status of trees prior to carrying out works to them. Unauthorised work to protected trees could lead to prosecution, resulting in enforcement action such as fines or a criminal record. Tree Preservation Orders, Conservation Areas, Planning Conditions, Felling Licences or Restrictive Covenants legally protect many trees in the UK.

Tree Preservation Orders (TPOs)

TPOs are administered by Local Planning Authorities (LPA) (e.g. a borough, district or unitary council or a national park authority) and are made to protect trees that bring significant amenity benefit to the local area. This protection is particularly important where trees are under threat.

All types of tree, but not hedges, bushes or shrubs, can be protected, and a TPO can protect anything from a single tree to all trees within a defined area or woodland. Any species can be protected, but no species is automatically protected by a Tree Preservation Order.

A TPO is a written order which, in general, makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order, or to cause or permit such actions, without the authority’s permission. Anyone found guilty of such an offence is liable. In serious cases the case may be dealt with in the Crown Court where an unlimited fine can be imposed.

To make an application to carry out tree works you will need to complete an application form and submit it to the LPA. The form can either be submitted through the Planning Portal or directly to the

LPA. You can find out more about TPOs in the Department for Communities and Local Government guide titled Protected trees: A guide to tree preservation procedures. You might also find it helpful to seek the advice of a tree surgeon prior to making an application. A directory of Arboricultural Association Approved Contractors can be found here.

Conservation Areas

Normal TPO procedures apply if a tree in a conservation area is already protected by a TPO. But if a tree in a conservation area is not covered by a TPO, you have to give written notice to the LPA (by letter, email or on the LPA’s form) of any proposed work, describing what you want to do, at least six weeks before the work starts. This is called a ‘section 211 notice’ and it gives the LPA an opportunity to consider protecting the tree with a TPO.

You do not need to give notice of work on a tree in a conservation area less than 7.5 centimetres in diameter, measured 1.5 metres above the ground (or 10 centimetres if thinning to help the growth of other trees).

You can find out more about trees in Conservation Areas in the Department for Communities and Local Government guide titled Protected trees: A guide to tree preservation procedures.

Trees and the planning system

Under the UK planning system, LPAs have a statutory duty to consider the protection and planting of trees when granting planning permission for proposed development. The potential effect of development on trees, whether statutorily protected (e.g. by a tree preservation order or by their inclusion within a conservation area) or not, is a material consideration that is taken into account when dealing with planning applications. Where trees are statutorily protected, it is important to contact the LPA and follow the appropriate procedures before undertaking any works that might affect the protected trees.

Planning conditions are frequently used by LPAs as a means of securing the retention of trees, hedgerows and other soft landscaping on sites during development and for a period following completion of the development. If it is proposed to retain trees for the long term then a TPO is often used rather than a planning condition. If valid planning conditions are in place then anyone wishing to undertake work to trees shown as part of the planning condition must ensure they liaise with the LPA and obtain any necessary consent or variation.

The nature and level of detail of information required to enable an LPA to properly consider the implications and effects of development proposals varies between stages and in relation to what is proposed. Table B.1 of British Standard BS5837:2012 Trees in relation to design, demolition and construction – Recommendations provides advice to both developers and LPAs on an appropriate amount of information that will need to be provided either at the planning application stage or via conditions.

For further information you are advised to contact either your LPA or to seek advice from an Arboricultural Association Registered Consultant from the list which can be found here.

Felling Licences

Felling Licences are administered by the Forestry Commission. You do not need a licence to fell trees in gardens. However, for trees outside gardens, you may need to apply to the Forestry Commission for a felling licence, whether or not they are covered by a TPO. You can find out more about felling licences at Felling Licences quick guide (England) or in the Forestry Commission’s booklet Tree Felling – getting permission.

Sites of Special Scientific Interest (SSSI)

SSSIs (ASSIs in Northern Ireland) are designated by the Statutory Nature Conservation Organisation (SNCO) for each country of the United Kingdom. They include some of our most spectacular and beautiful habitats - large wetlands teeming with waders and waterfowl, winding chalk rivers, gorse and heather-clad heathlands, flower-rich meadows, windswept shingle beaches and remote uplands moorland and peat bog. Each SSSI will have a management plan and a list of operations requiring the SNCOs consent prior to carrying out works.

Any activity that recklessly or intentionally harms the SSSI (ASSIs in Northern Ireland) or its flora or fauna will be an offence liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to an unlimited fine. If you know the name of the Site of Special Scientific Interest and want to know more about it, you can search for it by country at England, Wales, Scotland or Northern Ireland.

Restrictive Covenants

A restrictive covenant is a promise by one person to another, (such as a buyer of land and a seller) not to do certain things with the land or property. It binds the land and not an individual owner, it "runs with the land". This means that the restrictive covenant continues over the land or property even when the current owner(s) sells it to another person. Restrictive covenants continue to have effect even though they may have been made many years ago and appear to be obsolete.

Covenants or other restrictions in the title of a property or conditions in a lease may require the consent of a third party prior to carrying out some sorts of tree work, including removing trees and hedges. This may be the case even if TPO, CA and felling licence regulations do not apply. It may be advisable to consult a solicitor.

Please note this brief guide should not be taken as a definitive interpretation of the law as it affects trees but is intended purely to provide general guidance. This advice may not be wholly applicable outside England.

Topics:
conservation areas, felling licences, legislation, planning system, restrictive covenants, sites of special scientific interest, tpo, tree preservation order