The primary legal protection for trees is provided for by the Town and Country Planning Act 1990 (as amended) and the Forestry Act 1967 (as amended). Hedges in the countryside are protected by the Hedgerow Regulations 1997.
Tree Preservation Orders (TPOs)
Work to trees subject to a TPO require submission of an application to the local planning authority (LPA), unless an exception applies, together with supporting evidence. This process takes a minimum of eight weeks and work may not commence until consent has been granted.
Conservation area
These provisions require that six weeks (a section 211) notice is submitted to the LPA before carrying out work on trees, unless an exception applies. This notice period gives the LPA an opportunity to consider whether to make a TPO on the tree.
We can assist with all aspects of TPO applications, objections and appeals as well as conservation area notices. We are experienced in liaising with LPAs so please contact us for advice.
Felling licence
In some cases it may be necessary to apply for a felling licence if you intend to fell more than 5m³ of growing trees on your property. This is designed primarily to protect woodland and there are a number of exemptions so please contact us for advice. If necessary we can submit the felling licence on your behalf.
Hedgerow regulations
This legislation primarily covers rural hedges and excludes domestic gardens. It is quite complicated and due for review. Briefly, any landowner who wishes to remove a hedge must submit a hedgerow removal notice to the LPA. The LPA then have six weeks to determine whether or not the hedge is ‘important’ and serve a hedgerow retention notice. If you are considering removal of a hedgerow please get in touch and we will advise what comprises an important hedge and if a survey may be required.
