Trees and Planning – additional information
Legislation for the protection of trees & associated with trees
Trees may be specifically protected by law.
Tree Preservation Order:
When a tree, tree group, woodland or area are subject to a Tree Preservation Order (TPO). The Town and Country Planning Act 1990 as amended and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 – this requires local planning authorities to preserve trees and woodland which provide significant amenity value in cases where trees are at risk of being felled, pruned or damaged or removed due to development pressures. An Order prohibits the, cutting down, topping, lopping, uprooting, wilful damage, wilful destruction of trees without the local planning authority’s written consent. If convicted of contravening a TPO you could be fined up to £20,000 if convicted in the magistrate’s court and may be subject to risk of additional fines related to prosecution under the Proceeds of Crime Act 2002.
Find your local planning authority https://www.planningportal.co.uk/find-your-local-planning-authority
Use your local authorty web site to search for tree preservation orders or their map search facility to view information layers for your site address.
Guidance is available from the UK government https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
Conservation Area:
When trees are located within a Conservation Area (CA). The Town and Country Planning Act 1990. section 211. This requires notification to the local planning authority, using a ‘section 211 notice’, 6 weeks before carrying out work to trees, unless an exemption applies. This notice period gives the authority an opportunity to consider whether to make an order to protect the tree. (See TPO). The work may go ahead before the end of the 6 week period if the local planning authority confirms they have no objection or following lapse of the 6 week notice period.
Find your local planning authority https://www.planningportal.co.uk/find-your-local-planning-authority
Use your local authority web site to search for conservation areas or use their map search facility to view information layers for your site address.
Guidance is available from the UK government https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
Felling licence:
May be required for the removal of trees. The Forestry Act 1967 as amended. The Forestry Commission is the government department responsible for protecting and managing woodland and the regulation / licencing of tree felling operations. Allowances and exemptions are permitted under specific circumstances and for trees located within private gardens.
Guidance is available from the UK government https://www.gov.uk/guidance/tree-felling-licence-when-you-need-to-apply
Planning conditions and restrictive covenants:
May restrict the planting, management or removal of trees. These restrictions are registered against Land title document / deeds and form a legally binding condition or covenant which may in some case relate to the planting and or management / removal of trees. More information may be obtained direct from HM Land Registry or may be found in your property conveyancing search information provided by the solicitor or licenced conveyancer at the time of purchase.
Information is available from https://www.gov.uk/government/organisations/land-registry
Trees may be afforded protection when they are associated with protected environments / protected species.
Churchyards:
Tree work may require permission known as a “Faculty” and or be subject to conditions / require written approval from the archdeacon. Detail guidance to parochial church councils on the planting, felling, lopping and topping of trees in churchyards is given by the Church Buildings Council under section 6(3) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991.
Further information and guidance is availale from https://www.churchofengland.org/resources/churchcare/advice-and-guidance-church-buildings/trees
Sites of Special Scientific Interest (SSSI):
These sites are designated for their particular value to science by the Statutory Nature Conservation Organisation (SNCO) – Natural England in the case of England. These sites include many of our most beautiful habitats receiving legal protection for their particularly valuable geology, hydrology and associated flora or fauna (including trees). Work within a SSSI requires that Natural England are notified and their agreement (assent) obtained before starting work. This procedure must also be followed for operation on adjacent land /land close by as this too may risk damage to a SSSI.
Information is available via the MAGIC website which provides interactive mapping to represent authoritative geographic information about the natural environment from across government https://magic.defra.gov.uk/
Association with Protected species:
Tree removal and tree work has the potential to directly affect nesting birds, bats and dormice. The Wildlife & Countryside Act 1981 (as amended) is the principal legislation that protects wildlife in the UK. It protects wild birds, mammals, reptiles and amphibians including their breeding sites, nests, eggs & young, dwelling places and habitat. The act also protects specific plants listed under Schedule 8 which include bryophytes and lichens known to have specific associations with trees. It is therefore advisable to obtain further guidance from a professional qualified consulting Ecologist on all matters in order to identify any direct / indirect impact that may arise from the tree work you intend to carry out.
Support from consulting Ecologists can be obtained via CIEEM’s list of Registered Practices https://cieem.net/i-am/registered-practices/
