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Hart District Council
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Frequently Asked Questions

Introduction

This advice note explains the procedures and regulations applying to protected trees. It also offers guidance on their care and maintenance. Local planning authorities have specific powers to protect trees by making tree preservation orders (known as TPOs). In addition, virtually all trees in Conservation Areas are protected. Trees may also be protected under conditions attached to a planning permission.

Application & Notification Procedures

Unauthorised Works

Additional Information On Procedures





Application & notification procedures

How do I find out whether my tree is protected?

All trees in designated Conservation Areas, with a few exceptions, are protected.

All trees specifically included within a Tree Preservation Order (TPO) are protected.

You should have been advised of any TPOs affecting your property, or its location within a Conservation Area under legal searches made at the time of purchase.

The Council serves owners and occupiers and others with an interest in the property with a copy of any newly issued TPO relating to tree(s).

If you are not sure, contact the Council’s Tree Section.

What are the differences between TPOs and trees in Conservation Areas ?

TPOs take precedence over Conservation Area regulations. The procedures are broadly similar for both, but there are some differences:

For TPO trees, you must make a written application for consent to carry out works. The Council has up to eight weeks in which to issue a formal decision. If it fails to do so or if you disagree with the decision, you are not entitled to carry out your proposals, but you may appeal against the Council’s failure to respond or against its decision.

For trees in Conservation Areas, you must make a written notification of your intention to carry out works which may affect them. The Council has six weeks in which to respond. If you receive no response, you may go ahead with your proposals.

If the Council objects to your proposals for a Conservation Area tree, a TPO may be made in respect of the tree(s). Where feasible, the Council will attempt to reach agreement on an alternative approach to dealing with tree problems by suggesting other more acceptable works.

If the Council does issue a TPO, you will be advised of your rights at the same time. Your original notification will be treated as an application under the new TPO, and a formal decision issued in due course.

The same information will be required in both cases. There are some minor exemptions, which are dealt with later.

If my tree is protected, what must I do if I wish to carry out work on it?

You must apply using the 1APP tree form which is now mandatory nationally for TPO tree work applications. The 1APP form can also be used for Conservation Area notifications  Please see most recent Government guidance notes below for help in completing the application.

1APP form

1App guidance

Due to the volume of applications received, we do not normally make appointments unless these are essential. We do, however, inspect all trees and may require access to rear gardens to do so. Due to the number of applications processed we are unfortunately unable to offer pre-application advice.

It may be advisable to seek the advice of a professional tree contractor prior to application. The Council can supply a list of tree surgeons and consultants for guidance.

No fee is required.

Are there any exemptions from the need to make an application / notification to carry out works to protected tree(s)?

Yes. There are some exemptions. These include:

  • Removal of a dead tree (although you should still notify the Council in writing that you are proposing to remove a protected tree, as replacement planting may be required. (see replacement plantings) and there may need to be investigation of the cause of death. Clear evidence of death will normally be required (e.g. report from qualified tree expert, photos, etc.).
  • Removal of dead wood in a tree.
  • Urgent works for safety reasons (but you must notify the Council of the work as soon as possible with clear proof of the need for urgency, to avoid the risk of prosecution). Only the minimum work consistent with immediate safety requirements is exempt i.e. it would not be acceptable to fell a tree because a branch or section was damaged and unsafe (see more information here).
  • Removal of trees in a Conservation Area with a trunk diameter of less than 75mm (3").

Details of further exemptions are available from the Council on request or may be found within Tree Preservation Orders: a guide to the law and good practice (The Blue Book) from the ODPM .

What happens after I have given notice or applied to the Council?

The Council’s tree officer will inspect the tree(s) to assess your proposals. Appointments are normally only made if necessary to gain access or discuss complex cases. The officer will be looking at the situation of the tree, its public amenity value and the circumstances surrounding the application. Its general condition will also be taken into account from a ground-level visual inspection, although you may be advised to obtain the services of a professional tree consultant or tree surgeon if a climbing inspection or detailed investigation is required to determine matters of health or safety.

The Council publicises your application / notification on its weekly list of planning applications and maintains a register of all applications and notifications relating to protected trees. This is open to inspection by the public at the Civic Offices, is circulated to parish councils and various organisations and will be published on the Council's website. Click here for Applications lists or Decisions lists. The Council will take account of any objections or comments made by the public, including neighbours, amenity societies and local parish councils.

You will normally receive a written decision within eight weeks in the case of TPOs and six weeks for trees in Conservation Areas. You must not carry out any work to your tree(s) during that time unless you receive agreement from the Council.

The Council will normally only object or refuse permission if there is likely to be significant detriment to the amenity value of the area, for example by unnecessary tree removal, disfigurement or threat to tree health or longevity by inappropriate pruning or other unjustified works.

How will the Council respond to my proposals for works to protected trees?

The Council will issue one of the following decisions:

  • A grant of conditional consent or, in the case of Conservation Areas, a notice that the Council has no objections to the proposed work.

A standard condition is routinely applied to consents to ensure that the work will be carried out competently and in accordance with good practice, as set out in the relevant British Standard BS3998 Recommendations for Tree Works. There may also be a condition requiring replacement planting if a tree is to be removed.

  • A refusal of consent (or an objection), giving the reasons for this.
  • A refusal of consent for (or an objection to) the proposed work, but accompanied by a simultaneous recommendation for alternative works with consent for these as appropriate, so that these may then be carried out without further communication.

If the Council objects to the proposed works to a Conservation Area tree, it will generally make a new TPO on the tree(s). This will mean that works cannot be carried out without a formal consent.

The Council’s decision remains in force for 2 years. If the agreed work has not been carried out within that period, a fresh application or notification must be made to enable the situation to be reassessed.

If a protected tree dies or is removed for any reason, am I obliged to replace it?

Yes. There is an automatic responsibility to replace removed or lost protected trees in most cases, unless the Council decides to waive this requirement in writing. This would normally be for the same specie in the same or nearby location, unless otherwise agreed in writing with the Council. A replacement may also be required as a condition attached to a consent for felling. This would be used, for example, to specify an alternative number, specie or location for replacement planting.

You must therefore notify the Council in writing even where a protected tree dies or fails due to natural causes (e.g. disease, old age, storm damage, etc.). The Council can require that a replacement tree be planted up to four years after such loss. Replacement plantings are automatically protected under the original TPO.

What is the Council’s view of the risk of trees falling in high winds?

Fears of trees falling have become more widespread since the storms of 1987 and 1990. Whilst the Council is sympathetic to public concern on this issue and would not obstruct or delay any work required for safety reasons, maintenance of trees remains the responsibility of owners. Evidence, such as a report from an expert detailing potential or actual danger, may be required to support an application to remove a tree or carry out major surgery on safety grounds, where the risk is not apparent from a simple ground-level inspection.

No tree will be pronounced as safe by an expert but this is not sufficient cause to consider it dangerous. Similarly, the Council will not normally agree to removal simply because a tree is tall or moves with the wind unless other factors or serious defects in the tree are evident either from visual inspection or, in case of doubt or disagreement, a detailed expert report. The cost of and responsibility for arranging any such inspection would normally be the responsibility of the owner.

In cases of genuine emergency, an owner of a dangerous tree can arrange to carry out works but these should be limited to what may be required to make the immediate situation safe. A broken branch would not normally be reason to fell a tree. The responsibility remains with the owner to provide evidence of the necessity for emergency works, such as reports from competent tree surgeons and / or photographs. The Council must be notified as soon as possible to enable an inspection to be made.

What is the Council’s view of structural damage or subsidence caused by tree roots?

Recommendations to remove trees because of the risk of structural damage or subsidence caused by roots have become more common. This is a highly specialised area of concern to engineers, surveyors, arboriculturists, insurance companies, homeowners and others. The risks will depend upon a number of factors including tree specie, condition and location, soil type (shrinkable clays pose the greatest problems and are not common in Hart District) and foundation design. Each case must be dealt with individually according to the circumstances.

In cases of subsidence caused by tree root activity, the complete removal of a tree may result in further structural damage due to subsequent soil heave. A considered programme of reduction and maintenance may therefore be more appropriate. The Council will generally require detailed reports and recommendations from competent professional consultants before making a decision on an application of this type for tree removal. These may include identification of tree root samples,

Where structural damage is caused to a minor structure, such as a garden wall or garage drive or footpath, it may be both possible and preferable to repair and /or rebuild, with due allowance for future growth and movement, rather than lose an important tree.

Where there is evidence of tree roots entering and blocking drains, this may be caused by water leakage attracting root growth. Repairing the drains and making them watertight will generally resolve the problem and allow the tree to be retained.

Your rights of appeal or objection

Can I appeal against the Council’s decision or against any conditions imposed?

Yes. Details of rights to appeal are provided with the Council's decision letters. You should register your appeal with the Planning Inspectorate within 28 days of receiving the decision. Contact details are contained in the Council’s decision letter and further information may be obtained here. The appeal is normally dealt with by written representations and a site inspection, but both you and the planning authority have the right to a pubic local inquiry, at which other interested parties may be represented.

The Planning Inspectorate will send an inspector to look at the tree and assess the situation. He will then issue a decision to the appellant, with a copy of the letter to the Council. There is no further appeal against the Planning Inspectorate's decision, except on points of law or procedure through a judicial review.

Can I object if a new TPO is made in respect of my tree(s)?

Yes. You must put your objections in writing to the Council to be received within 28 days of the date on the TPO. If the objection is on a technical ground (e.g. wrong specie or location, etc.), officers of the Council may agree to amend the order. In most cases, your grounds of objection will form the basis of a report to the Council's Development Control Committee who will consider your objections and will resolve to do one of the following:

Confirm the TPO as it stands.

Confirm the TPO with amendments.

Not confirm the TPO, in which case it is void.

Can I object to the Conservation Area protection?

No. Trees are automatically protected within Conservation Areas as designated by the Council.

Unauthorised works

What are the penalties for carrying out unauthorised works affecting works affecting a protected tree?

It is a serious criminal offence to carry out unauthorised work that damages or destroys protected trees. The Council may bring a criminal prosecution for unlawful work against both the owner giving instructions and the party actually carrying out the work. Such work can include, for example, excavations or lighting fires that cause damage even where the damage to a tree is incidental, rather than direct. The onus would be upon the owner and/or contractor to prove that the work carried was exempt from the requirement to make an application / notification.

The courts can impose a summary fine of up to £20,000 for each offence (as at January 1992), and this can be increased to an unlimited fine if the case is indictable.

If I see work being carried out to a tree, how do I find out if the owner requires or has consent?

Contact the Council’s Protected Tree Section as soon as possible.

Give the precise location of the tree (i.e. the address). If this is not given, it may result in an unnecessary delay or visit to a property where consent has been granted or is not required.

If known, give the type of tree.

Give a telephone number where you can be contacted if further information is required (your call will be confidential).

The Council’s Planning Department keeps a register of tree application, notifications and decisions that can be quickly checked. If it appears that unlawful work is being carried out, the Council will take appropriate action.

If you think that unauthorised work is being carried out outside the Council’s normal hours, notes of vehicle registration numbers, names and photographs may be useful in any subsequent prosecution. If you are reasonably sure that the work is unauthorised, you may wish to contact the police, as this is a criminal offence.

Additional information on procedures

Can I request that the Council issues a new TPO on any tree?

Yes. A new TPO can be issued at the discretion of the Council wherever potential risk of removal of or damage to a tree could result in a loss of amenity for the public. Anyone may inform the Council of such a situation, providing as much information as possible on location, ownership and the nature of any known risk to expedite the issuing of an Order. The issuing of an Order, however, is solely at the Council’s discretion, taking into account many factors. The protection of trees must be clearly in the public interest, for example, rather than merely to the benefit of a neighbour.

Any tree can be subject to a TPO. There are no exclusions on the grounds of specie, size, location, etc. However, The Council would not normally issue a TPO on its own trees nor on trees owned by other local authorities or responsible bodies such as The Crown Estates, Government Departments or The National Trust. These organisations are generally assumed to manage their trees in accordance with recognised good practice. Exceptions might be where a tree belonging to a responsible organisation was at risk from lawful action by third parties (e.g. where a tree overhangs adjoining land).

It is also important to note that, on a development site, a planning permission that directly involves the removal of trees will override any TPOs that may apply, so that TPOs can not be used to prevent authorised development. The Council will not generally issue new TPOs on trees within Conservation Areas, except as indicated elsewhere, as these are already protected.

Can I make an application for work to protected trees that are not on my property?

Anyone can apply for consent or notify their intention to carry out work to any protected tree, regardless of ownership. The Council will deal with the case on its merits and issue a decision, which will be copied to the owner of the tree. This does not, however, give you authority to carry out work on your neighbour’s or other third party’s trees, nor to enter their property. In most cases, you will therefore need the owner’s permission and agreement to carry out any work agreed to by the Council. The only exception is likely to be minor pruning of low branches extending over your property, where all the work could be carried out on your land. Such work would still require the Council’s agreement.

If my tree is protected, is it the Council’s responsibility to look after it and pay for any tree work?

No. The owner remains legally responsible for the maintenance and the cost of any work to the tree. It is advisable to have trees inspected by a professional tree surgeon or consultant at regular intervals, or whenever there may be cause for concern regarding health or safety. Hart Council does not carry out tree work to privately owned trees, nor can the Council accept any liability as a result of its tree inspections and / advice.

The beauty and character of a fine specimen tree may decline gradually by neglect or be destroyed very quickly by thoughtless or malicious action. Poorly executed or inexpert work may seriously damage the health or safety of a tree and cause its early death.

The importance of this is recognised in planning legislation that can give trees a special degree of protection. Tree regulations are not intended to discourage or prevent owners from carrying out any necessary or desirable tree work, but to encourage good standards of maintenance and care.

Does the Council give a grant towards the felling or pruning of protected trees?

No. Trees that are privately owned are maintained at the cost of the owner. The Council pays for the cost of any tree works required on its own trees.

Do the regulations cover shrubs and hedges?

Not generally, but where they have a stem diameter of 75mm (3") or more and are located in a Conservation Area or within an Area TPO, they may be defined as trees and may therefore be included. There is no legal definition of what a tree is. If in doubt, contact the Council’s Planning Department. Legislation to protect hedgerows came into force on 1st June 1997, reference Hedgerows Regulations 1997 (SI No. 1160). Shrubs and hedges may be protected under planning conditions relating to a permission for development. These normally run for a period of five years after completion. They may also be subject to management or maintenance conditions relating to a planning obligation (a Section 106 Agreement).

Can the Council take any action on controlling high hedges?

Part 8 of the Anti-social Behaviour Act 2003, gives local authorities powers to deal with complaints about high hedges and came into operation in England on 1 June 2005.

From that date, provided you have tried and exhausted all other avenues for resolving your hedge dispute, you will be able to take your complaint about a neighbour's evergreen or semi-evergreen hedge to the District Council.

The role of the Council is not to mediate or negotiate between the complainant and the hedge owner but to adjudicate on whether - in the words of the Act - the hedge is adversely affecting the complainant's reasonable enjoyment of their property. In doing so, the Council must take account of all relevant factors and must strike a balance between the competing interests of the complainant and hedge owner, as well as the interests of the wider community.

If they consider the circumstances justify it, the Council will issue a formal notice to the hedge owner which will set out what they must do to the hedge to remedy the problem, and by when. Failure to carry out the works required by the Council is an offence which, on prosecution, could lead to a fine of up to £1,000.

Please see our High Hedges section for further information.

Can the Council take any action on controlling third party trees that are obstructing light or overbearing?

The Council has no powers to require owners to carry out work to trees which may be causing a real nuisance or inconvenience to neighbouring properties, although it will deal sympathetically with applications for works to such trees from third parties and will copy its decisions to the owners concerned. Implementation of any approved works may then be a matter for negotiation between the neighbours concerned.

If my neighbour's tree is causing me problems, will the Council help me to sort it out ?

Where a neighbour's tree may affect your property and the tree is not protected by a tree preservation order or by being in a conservation area, this is a civil matter and is not the responsibility of the local planning authority. However, sometimes a planning permission can have conditions attached, that protect trees during the construction process and for 5 years following completion. In this event authorisation is required to carry out works to trees so please check with the planning department first.

See Also
Useful Websites
HDC is not responsible for the content of external websites
Contacts
Protected Trees
trees@hart.gov.uk
Tel: 01252 774258