The amenity value of trees is recognised by the Planning Act and trees may be protected by legislation whether or not they are growing on a potential development site.

Individual trees, groups or areas of trees, and woodlands, may be protected by tree preservation orders. The council is empowered to make orders, and has a duty to do so when considering planning applications. Except in certain circumstances, the consent of the council is required for the cutting down, topping, lopping, uprooting, wilful damage, or wilful destruction of protected trees. Where felling is authorised, replanting is usually required. Details on how to obtain an application form are given below

When planning permission is granted, the council may impose planning conditions requiring the retention and physical protection of existing trees, shrubs and hedges, and the implementation and establishment of an approved landscape scheme. A tree preservation order may be made so as to apply to trees once they have been planted. Where planning conditions require the retention of trees, only such trees as need to be removed to implement a planning permission may be removed. These measures are to ensure an appropriate setting for new development. Details on how to obtain an application form are given below.

Except in certain circumstances, no works may be carried out to, or that will affect, trees over a certain size in conservation areas. Regulations require that six weeks written notice of intent be given to the council and details on how to obtain an application form are given below. Trees within conservation areas have legal protection equivalent to a tree preservation order.

Contravention of these forms of legal protection for trees can incur substantial penalties and will be enforced by the council where appropriate

There are currently five guidance notes:

• Protection of Trees
• Landscape Guidelines
• Landscape Design
• Tree Work Applications
• Tree Preservation Orders

These guidance notes can be downloaded from the online publications page.

Application Forms 

If you require an application form for any of the above, this can be downloaded from the Planning Portal.

Before detailed planning permission is granted, the felling of a number of trees exceeding a quarterly quota by volume may require a felling licence. These are administered by the Forestry Commission and it is advisable to enquire before site clearance, particularly in rural areas. Contravention of felling licence controls can also incur substantial penalties.

The Forestry Commission also have a website from which the Public Register of New Planting and Felling can be accessed.

The Hedgerow Regulations now require owners to give prior notification to the Local Planning Authority of any proposals to remove hedges. Those contemplating such works are advised to contact the Local Authority for advice and assistance prior to undertaking such works. An application form is also available.