It is important that a tree owner or person undertaking a tree survey or seeking to carry out works 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, and 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 would be happy to undertake these checks for you.
Likewise, if you are planning on felling a number of trees on your land (and they don’t 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. Again, our Forestry Consultants will be able to help with this matter, as well as offering a full Forestry Management service.
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, such as nesting birds or bats, both of which are protected. ADAS has an Ecology team that would be able to provide further information and guidance if needed.