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Tree legislation

Tree protection legislation to consider before planning works

There are a myriad of rules and regulations regarding the ownership and management of trees, woodlands and forests across the UK. A tree preservation order (TPO) is the primary legal tool used in protecting trees and woodlands. Separate legislation covers trees within conservation areas. Felling licenses may also be required depending on the amount of timber being felled.

ADAS’ team of chartered arboriculturists have an excellent working knowledge of the current laws, in addition to experience in liaising with the statutory bodies responsible for their administration.

Service lead

Ian Braddock

Ian Braddock

Associate Director (Arboriculture) – ADAS Environment

enquiries@adas.co.uk

ADAS’ tree legislation guidance

  • Preparing and submitting TPO or conservation area application or notification
  • Appealing a local planning authority (LPA) decision either against the serving of a TPO or tree work application.
  • Preparing and submitting felling licence applications or woodland management plans that encompass felling approvals
  • TPO reviews or assessing the appropriateness and enforceability of whether a TPO should be made

Carrying out works to protected trees

Trees with TPOs

Applications for works to trees under a TPO can take up to eight weeks. The LPA must grant permission before works can proceed and any permission they give is likely to be subject to conditions. Some exceptions do apply, for example if the tree is an immediate danger to the public. It is also possible to appeal the LPA’s decision.

Trees in Conservation Areas

Works in conservation areas require six weeks prior notification to the LPA. Work can proceed either:

  • upon receipt of approval letter from LPA within the 6-week period
  • after the 6-week period has lapsed

The LPA can only prevent work if they need to protect a tree(s) with a TPO. Again, some exceptions will apply.

Help with protected trees

When to apply for a felling licence

A felling licence is generally required from the Forestry Commission if felling more than 5m3 of timber in a single calendar quarter. There is usually restocking conditions attached to the granting of a licence yet some exceptions do apply. It is possible to appeal refusal or restocking conditions.

Licence guidance – the Forestry Commission

What to consider before planning tree works

Check with the local planning authority (LPA) for work on amenity trees

Check with the local planning authority (LPA) for work on amenity trees

It is important that a tree owner or person undertaking a tree survey or seeking to carry out work to amenity trees undertakes a check with the local planning authority (LPA) to ascertain whether a tree or woodland is protected by a TPO or situated within a conservation area.

Ignorance cannot be used as a defence

Ignorance cannot be used as a defence

Contravening these legislations could result in a fine of up to £20,000 per offence in a Magistrates Court or unlimited if indicted in a Crown Court. Our Arboriculture team can undertake these necessary checks for you.

If you are planning on felling several trees on your land

If you are planning on felling several trees on your land

If you plan to fell several trees on your land (they do not necessarily need to be in a woodland or forest), you should check with your local Forestry Commission office to ascertain whether you need to apply for a felling licence. Even one large tree could exceed 5m3. Our arboricultural consultants are highly knowledgeable in this matter.

Consider the wildlife that could be using the trees

Consider the wildlife that could be using the trees

Tree owners should also be mindful that, even if there is no specific legislation protecting the tree, anyone working on trees must consider the wildlife that could be using the tree. Nesting birds and bats are protected. ADAS’ ecology team is best placed to provide additional information and guidance if needed.

Arboriculture advice and support

From tree surveys to on-site monitoring, we’re here to help.

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