Trees and the Law
Trees form an integral part of the built and natural environment, making a valued contribution to the character of an area. Their longevity, often spanning many centuries, provides continuity and focus within local communities that has led to both cultural and historical association. As design elements in both the urban and rural environments they give scale, texture and colour to landscapes, complementing or screening buildings. However, as with all living organisms, trees are highly sensitive to environmental change and can be irreparably damaged by inappropriate management both above and below ground level.
Trees on historic sites may be protected by Tree Preservation Orders or as part of a Conservation Area. Tree works on historic sites may require felling licenses or consents.
The Office of the Deputy Prime Minister (ODPM) deals with all planning matters relating to trees and hedges.
Further information on trees and hedges and associated regulations is available from the ODPM website's Trees and Hedges section.
Tree Preservation Orders (TPO's)
Tree Preservation Orders are made by the Local Planning Authority (LPA) under the Town and Country Planning Act (Part VIII) 1990, if it appears to be 'expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area'. The order introduces measures which prohibits the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of trees without the consent of the LPA (subject to certain exemptions).
A TPO may be made on an individual tree, a group of trees, a woodland or an area of trees.
A TPO is a charge on the land on which the trees are situated, and as such should be recorded promptly in the local land charges register. The LPA are required to make a copy of the TPO available at their offices for public inspection at all reasonable hours, free of charge. LPAs should also be able to let members of the public know, over the telephone, whether or not particular trees are the subject of a TPO or situated in a conservation area within 48 hours.
Anyone wishing to carry out works on trees preserved under an order must gain written consent from the LPA. This usually takes eight weeks however, in practice this may take longer depending on the LPA concerned. The LPA may grant or refuse consent or impose conditions.
Further information on TPO's can be accessed through the ODPM website's Urban Policy section.
Felling Licenses
All trees within England are the subject of the Forestry Act 1967 which requires a felling licence to be granted by the Forestry Commission if the volume of timber to be felled exceeds 5 cubic metres of which not more than 2 cubic metres may be sold per calendar quarter. Once granted, the licence over-rides the need to apply to the LPA for consent under a TPO or notification within a conservation area.
The Forestry Commission publishes information on tree felling and associated licenses on it's website: http://www.forestry.gov.uk/forestry.
Trees in Conservation Areas
Designated by the Local Planning Authority (LPA) under the Town and Country Planning Part 2 (Listed Buildings and Conservation Areas) Act 1990, Conservation Areas are 'areas of special architectural or historical interest the character or appearance of which it is desirable to preserve or enhance'.
Designation allows the LPA to effect conservation policies over a particular area or neighbourhood giving them control over demolition, strengthened controls over minor development and special provision for protection of trees which are not the subject of a Tree Preservation Order (TPO).
Anyone wishing to carry out works to a tree within this area, subject to certain exemptions, must notify the LPA six weeks in advance.
Whilst the authority cannot object to this work nor impose conditions it allows the LPA to consider bringing the tree or trees under its general control by serving a TPO if appropriate. Once the six week period has expired works may proceed providing a TPO has not been made in respect of the tree.
Planning Policy Guidance 15 (PPG15): Planning and the Historic Environment; outlines the law on trees in Conservation Areas. The relevant paragraphs (4.38 - 4.40) can be downloaded from the ODPM website's Planning section.
Trees in registered historic parks and gardens
The Register of Parks and Gardens is intended to raise awareness of the historic significance of individual parks and gardens. The designation is treated as a material consideration in determining planning applications affecting the park and garden but the designation does not confer any statutory controls. The trees and features like clumps and woodlands form the structure of many designs, and also shape the character and setting of these special landscapes, in addition specimen trees and woodlands may also be of historic interest for arboricultural and silvicultural reasons. Some trees and woodlands will also be of wildlife value. It may, therefore, be desirable to protect trees through Tree Preservation Orders (TPOs) or Conservation Area status.
Local planning authorities are required to both consider the protection of historic parks and gardens in their development plans (PPG15) and to protect trees.
Click here for more information on the Register of parks and gardens of special historic interest.
Schedule Monument Consent
If you intend to carry out any work to a scheduled monument, you need to obtain Scheduled Monument Consent (SMC); which is granted by the Secretary of State and must be given in writing before works are started. It cannot be given retrospectively. The application must be made on a standard form, available from English Heritage regional offices or the Department for Culture, Media and Sport (DCMS), who will also advise on the process.
This includes work to any trees within the scheduled site.
Additional reading on Scheduled Monument Consent and to have access to an application form can be accessed from DCMS.
Trees near Overhead Power Lines
Trees near overhead power lines can potentially interfere with supply, especially in severe weather conditions. Electricity companies are currently required by law to keep trees clear of overhead lines for public safety reasons but they will also soon be required to prevent them interfering with supply.
The Department of Trade and Industry (DTI) has produced guidance on vegetation management near overhead power lines and this can be accessed on their website at http://www.dti.gov.uk/files/file34072.pdf
Work is currently underway on the development of a code of practice designed to help the power industry adopt a consistent approach and harness good practice.
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