Trees and hedges
Trees and
hedgerows make an important contribution to both the built and
rural environment. There are a number of safeguards within the
planning legislation that may affect an owner's ability to do works
to trees and hedgerows. They may be subject to planning conditions
attached to a previous grant of planning permission that requires
their retention, they may be in a conservation area or they may be
the subjects of a Tree Preservation Order. Separate regulations
exist in respect of Hedgerows.
Subject to planning permission
When planning permission is granted for development conditions
might be added that requires the submission of and implementation
of a landscaping scheme. In such circumstances the trees planted
will, normally, be required to be retained. If work was proposed to
trees or other planting covered by a condition then the written
consent of the Authority would first be required.
Trees in conservation areas
Proposals to top, lop, fell or uproot trees in conservation
areas require the consent of the Council. Prior to such work being
undertaken you should inform the Council of your intentions,
confirming where the tree(s) is, what work you wish to undertake
and why, in cases of felling you should comment as to whether or
not you intend any re-planting. A form that will provide us with
the required information is available (work to trees in
conservation areas). Benefit will come from submitting an
independent arboricultural appraisal of the work intended.
Following receipt of your application the Council will within 6
weeks either confirm acceptance of the work or it they object will
make the trees the subject of a Tree Preservation Order. If no
decision is received within 6 weeks then consent is gained by
default.
Tree Preservation Orders
A Tree Preservation Order (TPO) gives statutory protection to
individual trees, groups of trees and woodlands. TPO's can be made
by the Council when they consider the tree(s) are of amenity value
and there may be a risk of work being done to them that would harm
that value.
Prior to doing work to such a protected tree i.e. top, lop, fell
or uproot consent should be gained from the Council. A form that
will provide us with the information we need to consider an
application is available. (Works to trees the subject of a TPO).
The application must state the reasons for making the application
and by reference to a plan specify the trees to which the
application relates and the operations for which consent is
required. Benefit will come from submitting an independent
arboricultural appraisal of the work intended. It is a criminal
offence to do works to such trees without first having the benefit
of consent.
Within 8 weeks of receipt the Council is required to either
grant consent, unconditionally or subject to conditions, or refuse
consent. In circumstances where it is found necessary to refuse
consent then there is a right of appeal against that decision.
Hedgerows
It is against the law to remove most countryside hedgerows
without permission. Hedgerows that are shorter than 20 metres or
that are in or borders a garden may not need consent to be removed.
If you wish to remove a hedgerow you can contact a planning officer
to check if consent is required. If you do require consent
the form below can be used (hedgerow removal notice).
Upon receipt of the application the council must consider
whether or not the hedgerow is important. The assessment of
importance will be based on age, archaeological, historical,
wildlife or landscape value.
If it is considered necessary to prohibit removal of the
hedgerow then the applicant must be notified within 6 weeks.
Applications for Works
Applications for Works on Trees and Hedgerows can be made online
using the Planning Portal link below or alternatively using
the printable form on our planning
applications page.