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Advice on protected trees

Advice on Protected Trees

Treework Environmental Practice provide advice and guidance to support owners and managers working with protected trees. We are experienced in liaising with statutory bodies responsible for administering tree protection.

Works to trees need to be considered in the light of relevant constraints, including The Town and Country Planning Act 1990 (as amended) and the Wildlife and Countryside Act 1981 (as amended).

Tree Preservation Orders

Where a Tree Preservation Order (TPO) applies to tree, consent will is required from the Local Planning Authority (LPA) for any proposed work to the tree, apart from any urgent safety works to address immediate risks. This process can take up to eight weeks.

Conservation Areas

Where the tree is within a Conservation Area (CA), notice will need to be given to the LPA for any proposed work to the tree, apart from any urgent safety works to address immediate risks. The LPA will have six weeks to respond to the notice after which, if no response is received, the works for which notice has been given can be carried out.

Exemptions

The Government’s Planning Portal provides the following advice regarding exemptions:

“You do not need to get the LPA’s consent in a few special circumstances: when a tree is dead or dangerous, for example. In this case you are advised to speak to the LPA about proposed work, particularly felling (see ‘Further Information’.) You should be prepared to prove that the work falls within an exemption.”

The Wildlife and Countryside Act – 1981
Conservation – Natural Habitats –Regulations 1994
Countryside Rights of Way Act – 2000

  1. Consideration must be given to the timing and type of tree work operations to avoid causing disturbance to any nesting or breeding birds or bat roosts that may be present within trees and hedgerows.

Felling Licence

  1. Where live trees are to be felled, a felling licence may be required from the Forestry Commission. This is subject to a number of exemptions and only applies where the quantity of timber in the trees that are to be felled, is equal to or exceeds 5 cubic metres.

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