Trees and Hedges FAQ's

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Last revised: 6 October 2008

A Picture of Trees

1/ What protection exists for trees?

There are several different types of tree protection:

Tree Preservation Orders can be placed on trees by the local authority. Tree preservation orders, (known as TPO’s), can be placed on either individual trees, or on groups, areas or even entire woodlands. TPO’s afford the trees a high level of protection because the local authority must give consent on any proposals to fell or undertake any works to them.

Trees within Conservation Areas are protected as long as they meet the minimum size requirements. They must have a trunk diameter of 7.5cm measured at 1.5 metres above ground level. If the trees in question measure this size or greater then they protected regardless of their species. In cases where removal of trees is proposed under a thinning exercise, the size at which the protection becomes valid is increased to a trunk diameter of 10cm measured at 1.5 metres above ground level.

Felling Licence must be obtained from the Forestry Commission, (tel 01672 511767), for felling and thinning of trees. However this does not apply within domestic gardens, churchyards, or orchards, nor does it cover any pruning or remedial works to the trees. There are a number of exemptions which apply to this type of application however, along with minimum requirements regarding the amount of felling works, and it may therefore be advisable to check with the Conservation Team or Forestry Commission for clarification.

Planning restrictions exist on some sites prohibiting the removal of trees, other than through TPO and Conservation Area restrictions. These normally come about as conditions attached to the granting of planning applications. One example may be that permission to build an extension has been granted at a particular property, subject to a large tree in the garden being retained. That tree would then be the subject of a planning condition requiring its retention and protection during building construction. These restrictions often have a limited life span, (normally five years), and details are from the Development Control team.

2/ How do I find out what, if any protection exists?

The staff in the Contact Centre or the administration staff in Development Control and Conservation will be able to inform you as to what, if any, protection exists on a tree or trees. However if the site in question has planning history it may take a while to ascertain what restrictions apply to tree(s) on the site.

Felling licence applications only need to made to trees sited away from gardens, churchyards, orchards or public open spaces and only apply to felling. Check with the conservation team or Forestry Commission if you are in any doubt.

3/ What if I want to fell or prune a protected tree or trees?

It is not the case that a protected tree may never have any work done to it. However, the protection is there in order that the local authority can exercise control on what works, if any, are acceptable. Therefore, requests to fell or carry out pruning works to protected trees must be submitted to Kennet District Council in the form of a formal application or notification detailing the work that you wish to undertake. This application/notification should include a site plan of the property/area in question, (hand drawn plans are acceptable), and a clear indication of the work proposed. No work should be undertaken until the applications have been determined.

In the case of a tree or trees covered by a TPO, the application has a deadline of 8 weeks from the date it is received by the council. The applicant should receive a decision before 8 weeks have expired. However, in the unlikely event that this doesn’t happen, the tree is still protected and work cannot commence until permission is given.

In the case of trees within conservation areas, a formal notice is also required. However this notice runs for 6 weeks from the date it is received by the council. Unlike the TPO application, if a conservation area tree works notification passes its deadline without a decision then the work may proceed.

The Forestry Commission decides whether a felling licence application can be granted. If the trees in question are also the subject of a TPO or are within a conservation area then Kennet District council will be consulted by the Forestry Commission.

In the case of planning restrictions, (which would normally apply to felling of trees only), the Development Control team should be contacted and the necessary amendments or applications submitted.

Other factors, outside of the control of the Council, may have a bearing on tree works. Nesting birds, for example, are protected by law, and pruning during the nesting season needs to be undertaken with extreme care. There are may also be restrictive covenants protecting some domestic trees and therefore we would recommend that anyone wishing to fell a tree should check the deeds of their property.

4/ What if a protected tree is dead, dying or dangerous?

In this event certain exemptions apply. If a tree is protected but has become dead, dying or dangerous then the applicant is required to give the Council 5 days notice, (ideally in writing), of their intention to remove the tree or trees. We may require some type of evidence, (tree contractors report / photographs), to prove that the tree or trees really are dead, dying or dangerous.

In most circumstances a replacement planting will be required to replace the removed tree(s). This will need to be agreed in writing with the conservation department.

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5/ How do I obtain a copy of a TPO document?

The original TPO documents are held by the Legal and Democratic Services Section and they are able to supply copies at a charge. The charge will vary slightly depending on the size of the document.

6/ How do I get a new TPO served on unprotected trees?

The Council will consider written requests to serve TPO’s on trees. The proposer would have to state why the TPO was needed, (i.e. what threat are the trees under?), and would need to provide some idea of the location and species of the trees in order that no misidentification occurs. The Council would then asses the request.

In order for a TPO request to be successful the trees would have to meet certain criteria such as being of good quality and in good condition and should be of visual importance from public areas.

It is worth noting that a TPO cannot be used solely to block development. Furthermore a TPO is a legal document and must be correctly prepared. This will take an amount of time and it cannot be prepared in an instant to protect trees, for example, which are in the process of being felled.

7/ Are hedgerows protected?

Hedgerows on non-domestic land are usually protected by the Hedgerow Regulations 1997. These may consist of hedgerows on field boundaries or roadsides for example, but not on garden boundaries. If someone wishes to completely remove a section of protected hedgerow they must make a formal removal application to the council. There is no charge for such an application but the application has a six week deadline date and no work may commence until the councils decision is made available.

8/ Are Grants available for landscape projects such as tree / hedgerow planting works?

The Council currently has a small amount of money to assist with certain types of landscaping projects such as tree planting, hedgerow restoration etc. Grant requests are carefully chosen to fit in with the Council’s landscape guidance. A formal application must be made before a grant can be considered. Please contact the Conservation Team for further information.

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9/ I hear there is legislation to deal with nuisance high hedges?

Yes there is. It came in as part 8 of the Anti Social Behaviour Act on June 1st 2005. It gives the Council powers to intervene in hedge dispute between neighbours, but only as a last resort. The complainant must be able to demonstrate that they have tried to resolve the dispute both verbally and in writing before the council can deal with the complaint. If these attempts are unsuccessful, they must also write to the hedge owner informing them of their intention to complain to the Council.

For the trees to constitute a high hedge they must be:

  • made up of a row of 2 or more trees;

  • more than 2 metres in height;

  • capable of obstructing light or views;

  • evergreen or semi-evergreen;

  • growing on land owned by somebody else.

Making a complaint about a high hedge incurs a fee of £300 which is payable to the Council with the completed complaint form.

10/ I need some trees pruned which are affecting my property.

This will normally be the responsibility of the tree owner. Kennet District Council will only take responsibility for the maintenance of trees which they own. If this is the case please contact Kennet’s tree inspection officer at Kennet House on extension 507.

If not, the complainant will need to contact the owner of the trees and discuss the situation with them. If the trees are protected (e.g. by a TPO or by virtue of the fact that they are growing within a conservation area etc), then permission will need to be sought from the Council in the usual manner before undertaking any works.

11/ Need further help or advice?

The Conservation Team will, of course, endeavour to provide help wherever possible, through the contacts on these web pages.

Links to useful documents:

Protected Trees – comprehensive document covering tree protection

Works to trees notes – applying to carry out tree works in Kennet District Council (pdf, 106 KB)

Works to trees form – TPO and Conservation Area tree works application form (pdf, 515 KB)

High Hedges Complaint Form – problem high hedges guidance and application form (pdf, 1312 KB)

Hedgerow removal notice guidance notes  – on completing a hedgerow removal notice form. (pdf, 23 KB)

Hedgerow removal notice – application form for the removal of countryside hedges (pdf, 630 KB)

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