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Legislation was introduced to protect trees and woodlands which make a significant impact on their local surroundings. It is particularly relevant where there is a perceived threat to a tree, such as proposed development sites.

Relevant legislation:

1. Tree Preservation Orders
Part VIII of the Town and Country Planning Act 1990
(This must be read in conjunction with section 23 of the Planning and Compensation Act 1991)
Town and Country Planning (Trees) Regulations 1999
Town and Country Planning (Trees)(Amendment)(England) Regulations 2008

2. Trees in Conservation Areas
Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990
Part VIII of the Town and Country Planning Act 1990
(Section 211 makes special provision for trees in conservation areas which are not the subject of a TPO)
Town and Country Planning (Trees) Regulations 1999
Town and Country Planning (Trees)(Amendment)(England) Regulations 2008

Introduction

This guide covers the legislation usually administered by local planning authorities (LPA’s) i.e. Tree Preservation Orders (TPOs) and trees in local authority Conservation Areas.

It must also be noted however, that the Forestry Commission is responsible for the control of tree felling generally (via felling licences) in accordance with the Forestry Act 1967.

The Rules

Under the TPO legislation, it is an offence to:

• cut down,
• uproot
• top
• lop
• wilfully damage, or
• wilfully destroy….

protected trees without the LPA’s consent. We also recommend obtaining the LPA’s consent for the cutting of roots, although this is not listed as an offence in the legislation.

Trees in conservation areas which are already protected by a TPO are subject to the normal TPO controls. Anyone proposing to cut down or carry out work on a tree in a conservation area is required to give the LPA six weeks' prior notice. The purpose of this requirement is to give the LPA an opportunity to consider whether a TPO should be made in respect of the tree.

There are however some exemptions

The LPA's consent is not required for cutting down or carrying out work on trees which are:

• Dead or dying or
• Have become dangerous.

This means that you are allowed to remove dead wood from a tree and can remove dangerous branches from an otherwise sound tree. However, dead and dying wood can provide habitat for plants and wildlife, such as bat species, which means the Wildlife and Countryside Act 1981 also needs to be abided by.

Statutory Undertakers (Railways, water transport, canal, electricity operators, gas, water and sewerage and telecommunications) do not need to obtain the LPA’s consent before carrying out work on a protected tree on the undertakers operational land if necessary: -

• In the interests of safety
• For the inspection, repair or renewal of apparatus

As regards non TPO trees in conservation areas, the LPA’s do not require 6 weeks notice:

• any work exempt under a TPO

• for cutting down trees in accordance with a felling licence granted by the Forestry Commission or a plan of operations approved by the Commission under one of their grant schemes,

• for work on a tree with a diameter not exceeding 75 m...