Trees

In the absence of specific legal intervention, land owners have the right to prune, maintain or cut down the trees on their land without anyone’s permission being required. This comes naturally from the, once widely held, principles of individual freedom and private property.

There are three specific legal constructions that can take away that right from the land owner:

1. Tree Preservation Orders
2. Conservation Area Designation
3. Forestry Commission Felling Licence Requirement

Tree Preservation Orders

1 What is a tree preservation order (TPO)?

It is an order made by a local planning authority which makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the planning authority’s permission.

2. What is the purpose of a TPO?

To protect trees which make a significant impact on their local surroundings.

The government guidance to local authorities states:

LPAs should be able to explain to landowners why their trees or woodlands have been protected by a TPO. They are advised to develop ways of assessing the ‘amenity value’ of trees in a structured and consistent way, taking into account the following key criteria:

1. visibility: the extent to which the trees or woodlands can be seen by the general public will inform the LPA’s assessment of whether its impact on the local environment is significant. If they cannot be seen or are just barely visible from a public place, a TPO might only be justified in exceptional circumstances;
2. individual impact: the mere fact that a tree is publicly visible will not itself be sufficient to warrant a TPO. The LPA should also assess the tree’s particular importance by reference to its size and form, its future potential as an amenity, taking into account any special factors such as its rarity, value as a screen or contribution to the character or appearance of a conservation area.
3. wider impact: the significance of the trees in their local surroundings should also be assessed, taking into account how suitable they are to their particular setting, as well as the presence of other trees in the vicinity.

3. What type and species of trees can be covered by a TPO?

All types, including hedgerow trees but not hedges, bushes or shrubs. The order can cover anything from a single tree to woodlands. Any species can be protected, but no species is automatically protected by a TPO.

4. How can I find out if a tree is covered by a TPO?

Contact your local planning authority. Details of orders are also available for inspection at their offices.  An official search of the local land charges register can also be made.

5. If I see work being carried out on a protected tree, how can I find out if the owner has permission?

Check with your local planning authority. It has a register of applications and decisions which you can look at.

6. There are trees which I think should be protected by a TPO. What can I do?

Contact your local planning authority giving details of the trees, and the reasons why you think the trees should be protected.

7. How will I know when a local planning authority makes a TPO?

It will write to the owner and other interested parties, enclosing a copy of the order.

8. How can I object to or express support for a new TPO?

If you or anyone else wants to object to or support an order, write to the local planning authority within the period they allow (usually 28 days) saying why and giving details of the relevant trees.

The planning authority will take these comments into account when it decides whether to confirm the order. When the planning authority confirms the order it can modify it, for example by excluding some of the trees.

9. Does the owner of the tree always need the planning authority’s permission to work on a protected tree?

No.  The owner of the tree does not need permission if:

1. The tree is dead, dying or dangerous
2. The tree is in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice
3. Work is required to prevent or control a legal nuisance
4. Cutting down trees in accordance with one of the Forestry Commission’s grant schemes, or where the Commission has granted a felling licence
5. The tree is directly in the way of development that is about to start for which detailed planning permission has been granted
6. The work is in line with an obligation under an Act of Parliament
7. The work is at the request of certain organisations specified in the order

10. What happens if someone carries out work on a protected tree without permission?

If you deliberately destroy a tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in the magistrate’s court. In determining the amount of the fine, the court

will take account of any financial benefit arising from the offence. For other offences you could be fined up to £2,500. You will normally have to plant a replacement tree if the tree was cut down or destroyed.

Trees in Conservation Areas

1. Are trees protected in a conservation area?

Yes. Tree owners have to give the local planning authority six weeks’ notice before carrying out work on trees which are located in a conservation area.

2. What action does the local authority take when they receive notice of proposed tree works in a conservation area?

The local authority will visit the site and examine the trees in question.  In Wychavon, they also publish a weekly list of proposed tree works and allow the public to submit comments to the appointed Tree and Landscape Officer.

3. What happens after the six week notice period?

The local authority can either apply for a Tree Preservation Order to prevent the work (See above) or allow the work to proceed. Tree  Preservation Orders can only be applied for if the proposed work will have a significant impact on public amenity.

The Elmley Castle Conservation Area

Forrestry Commission Felling Licences

1. What is a Felling Licence?

To help protect Britain’s forests, a felling licence from the Forestry Commission is required to fell trees.  It is an offence to fell trees without a licence if an exemption does not apply.

2. When is a Felling Licence Required ?

The exemptions are:

You do not need a licence to fell trees in:

• a garden
• an orchard
• a churchyard
• a designated open space (Commons Act 1899)

You do not need a licence to carry out:

• lopping
• topping
• pruning
• pollarding

You do not need a licence:

• to fell less than 5 cubic metres in a calendar quarter (Please note that you cannot sell more than 2 cubic metres in a calendar quarter)
• for trees that have the following diameters when measured 1.3 metres from the ground
  • 8 cm or less
  • 10 cm or less for thinnings
  • 15cm or less for cutting coppice

You do not need a licence if you have a current permission under:

• an approved Dedication Scheme plan
• planning permission (granted under the Town and Country Planning Act)

You do not need a licence:

• for trees that are dangerous or cause a nuisance
  
• to prevent the spread of a quarantine pest or disease in accordance with a notice served by a Forestry Commission Plant Health Officer
• to comply with an Act of Parliament
• to undertake your duties as a statutory service provider (gas, water, electricity)

3. What are the penalties for felling trees without a licence ?

• If there is no licence or other valid permission, or if the wrong trees are felled, all parties involved, the owner, agent, timber merchant or contractor can be prosecuted.

• On conviction, a fine of up to £2,500 or twice the value of the trees, whichever is the higher may be imposed

• Whether or not a prosecution takes place, the Forestry Commission can serve a Restocking Notice to re-stock the land concerned or any other land as may be agreed.

• The owner or tenant must maintain the replacement trees to acceptable standards for up to 10 years.

• If the conditions of a Felling Licence or a Restocking Notice are not complied with, the Forestry Commission may issue an Enforcement Notice demanding action be taken to meet the conditions.

• It is an offence not to obey an Enforcement Notice and can mean a fine of up to £5,000.

Further Information:

Protected Trees: A Guide to Tree Preservation Procedures
http://www.communities.gov.uk/publications/planningandbuilding/protectedtreesguide

Tree Preservation Orders: A Guide to the Law and Good Practice
http://www.communities.gov.uk/publications/planningandbuilding/tposguide

Wychavon District Council – Protected Trees
http://wychavon.whub.org.uk/home/wdc-planning-trees-pro.html

Forrestry Commission Felling Licences

http://www.forestry.gov.uk/forestry/INFD-6DFK86

Individual Freedom & Private Property
Ludwig Von Mises Institute
Ayn Rand Institute