Certain trees are afforded protection under the Town and Country Planning legislation and the consent of the Council is required to carry out works to such trees.
What Consent Is Required?
1. If trees are protected by a Tree Preservation Order (TPO) consent is required for all works of pruning etc and felling. The exception is where the work needs to be undertaken as a matter of urgency in the event of the tree being dead, dying or in a dangerous condition. As the carrying out of works to trees covered by a TPO without consent constitutes a prosecutable offence, it is advisable to give prior notice (preferably at least 5 working days) to the Council of the need to proceed with the works.
2. Trees situated in a Conservation Area are afforded a degree of protection inasmuch as there is a requirement to give the Council at least six weeks prior notice of intended works to them. During this period the Council can either give consent for the works to proceed or, if there are objections, make the tree(s) the subject of a Tree Preservation Order. In the event of the Council not doing either of the above within the six week period then the works may proceed.
3. Many planning permissions for the erection of houses, factories, offices, shops etc. are subject to conditions which protect existing trees or require trees, planted as part of the development, to be retained. In these cases the written consent of the Council is required to carry out any works to the trees and, in some instances, hedges.
If you would like more information regarding the requirements of the legislation relating to works to trees then please contact the Planning Control and Conservation Service on 01462 474000 or at email@example.com.