Trees & Hedgerows
- Tree Policy (enforcement, strategy, Tree Wardens)
- A brief guide to Tree Preservation Orders (TPO's)
- Is my tree protected by a Tree Preservation Order?
- Applying For Works to trees under a TPO or within a conservation area
- Trees in Conservation Areas
- Who owns this tree?
- Overhanging Branches
- Boundary Hedges
- High Hedges
- Hedgerow Regulations
- Felling Licences
- New Planting
There are two forms of tree protection; those under a Tree Preservation Order and those that lie in a Conservation Area.
Tree Preservation Orders
What is a Tree Preservation Order (TPO)?
This is a legal order made by a local planning authority which in general makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the planning authority's permission (see Applying for tree works).
What is the purpose of a Tree Preservation Order?
To protect trees which make a significant impact on their local surroundings. This is particularly important where trees are in immediate danger. They prevent unnecessary felling and pruning and to ensure that, where felling is permitted, replacement trees are planted. A TPO should aid positive management of trees and should not be regarded as a negative or restrictive tool. However, if unauthorised work takes place, the Council can (and does) take legal action which can lead to fines of up to £20,000, or twice the value of each tree, whichever is the greater.
- Protected Trees: A Guide to Tree Preservation Procedures (external link) - a CLG document
- Tree Preservation Order Appeals - How the Process Works (external link) - a CLG document
What type of trees can be covered by an order?
All types, including hedgerow trees, but not hedges, bushes or shrubs. The order can cover anything from a single tree to woodlands. They cannot preserve hedges, bushes or shrubs. Trees need not be exceptional or unusual specimens to merit inclusion in a TPO.
Is my tree protected by a Tree Preservation Order?
You can find out if your tree is protected, ie. is under a TPO or is in a conservation area, by using Localview GIS. Locate your property on the map then select the TPO and conservation area options.
How can I obtain a copy of the Order?
If you would like a copy of a TPO, please get in contact with to the Tree Team (contact details below). A copy of the whole legal document will cost £16, a copy of just the map and schedule (which lists each tree in the Order) will cost £7.
If I see work being carried out on a protected tree, how can I find out if the owner has permission?
Check the Planning online pages where you can see tree applications online or contact the Planning team on 01244 402404.
What can I do if I think trees should be protected?
Anyone can ask for a TPO to be made. If you feel that certain trees or woodland merit such protection, you should write to the Tree Team, including a map, photographs and reasons why you think the tree(s) are worthy of a TPO. TPOs are registered as Local Land Charges - your solicitor will tell you if such an order affects any property you intend to purchase. An officer will visit the tree, make an assessment, and if the tree is worthy of protection, make a Tree Preservation Order.
Is the local planning authority responsible for looking after trees under a Tree Preservation Order?
NO. The owner remains responsible for the trees, their condition and any damage they may cause. But the planning authority's permission is required before carrying out work on them unless they are dying, dead or dangerous. In this case, notification to the local planning authority of the intent to fell or carry out work is necessary. If in doubt, check with the local planning authority. The planning authority is able to offer appropriate advice and help on how the trees should be managed.
What happens if I carry out work on a protected tree without permission?
If you deliberately destroy a tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in the mangistrate's court. In determining the amount of the fine, the court will take account of any financial benefit arising from the offence. For other offences you could be fined up to £2,500. You will normally have to plant a replacement tree if the tree was cut down or destroyed.
What about trees in a conservation area?
All trees in a Conservation Area are protected to an extent, even if they are not the subject of a TPO. The felling or pruning of these trees must not take place without giving the Council six weeks' notice of the intention to carry out such work. During this time, consideration can be given to the making of a TPO.
You do NOT need to give notice if you want to work on trees less than 7.5 centimetres in diameter, measured 1.5 metres above the ground (or 10 centimetres in diameter if thinning to help the growth of other trees). If in doubt contact your local planning authority for further details of any exceptions.
Applying for works to trees under a TPO or within a Conservation Area
You can make an application via the Planning Portal , or click on the Tree Works form on the Forms page, to download and print a copy of the form, and send it to the Tree Team (address on the form). There are guidelines for help with filling in the form and it may also be helpful to look at the explanation of Tree Work terms.
There is no charge to submit a form. The maximum time period for an application for tree works to be determined is 6 weeks for trees in a Conservation Area and 8 weeks for trees protected by a TPO.
How are trees on development sites affected?
Trees on development sites can be protected by TPOs, or by planning conditions attached to the planning permission, or both.
Planning conditions may also require you to plant trees which may then be covered by TPOs. The Order takes effect once the trees are planted. Protection of the trees by planning condition lasts for 5 years from when the trees were planted. Any work done to those thress would require permission from the local planning authority.
A TPO doesn't prevent planning permission from being granted, but the planning officer will consider the risk to protected trees when deciding the planning application.
Who owns this tree?
There are general guidelines in Chester District as to who owns and manages trees. If the tree is on a roadside verge, or on school grounds Cheshire County Council are generally responsible. You can contact the Highways Team on 01244 603 475. If the tree is in a public park, the City Council is likely to own it. Our Public Spaces team should be contacted on 01244 402 477. If the tree is on Chester District Housing Trust land, you can contact them on 01244 305 6585. There are exceptions, such as parish owned land, independent schools etc. who will look after and manage their own trees.
Overhanging Branches
This is the general effect of current common (unwritten) law. A tree or hedge belongs to the owner of the land it is growing on and, under common law, that person is responsible for managing and maintaining it so that it is not a nuisance to anyone else - in the same way that they are responsible for looking after any other part of their property.
Where the branches of a tree or hedge cause a nuisance by trespassing onto an adjoining property, the common law allows the neighbour to remedy this by cutting back to the boundary any overhanging branches - provided there are no other legal restrictions in place, such as a tree preservation order or the tree is on a Conservation Area.
The other way of enforcing these common law responsibilities is through the civil courts, by pursuing an action against the owner of the tree or hedge for trespass, nuisance and/or negligence. The law on nuisance/negligence is complicated and so such a step is not to be taken lightly. Anyone considering such action would be well advised to seek specialist legal help.
Boundary Hedgerows
Safety is the dominant issue in the maintenance of all boundary hedgerows. They are usually owned by the frontagers and not the Council. Hedges often need cutting back so that pedestrians are not impeded by overgrown branches, drivers' sight lines are not blocked and traffic signs not hidden.
Trees within the hedgerows are also owned by the landowner who is responsible for preventing danger to the highway user. Landowners should cut overgrown hedges and trees. If the landowner is not able, or is unwilling, to carry out the work, the Area Highways Team can arrange for cutting to be done and the landowner charged for the work. Trees within the road verges are the responsibility of the County Council.
The Area Highways Teams (external link) can be contacted at any time (24 hours) to deal with emergencies - for example fallen trees and branches.
Felling Licences
Felling licences are required from the Forestry Commission (external link) under the Forestry Act, where an owner wishes to fell timber. The Forestry Commission and the Council consult on applications for felling licences. Enquiries should be made to: The Forestry Commission, Linmere, Delamere, Northwich, Cheshire, CW8 2JD.
New Planting
The Council encourages tree planting initiatives and is keen to promote tree management programmes, which together will safeguard the future of the District's trees. Grant aid may be available from the Forestry Commission (external link) and Tree Council (external link). Once again, the Countryside Team will be happy to offer initial advice, particularly on the species of trees to be planted.
For advice or information please contact us, details below.
Contact Details
Countryside Service
Email - trees@chester.gov.uk
Opening hours - 8.45am - 4.45pm
Phone number - 01244 402406
Fax - 01244 310071
Address - Countryside Service, Green Space Team, Culture & Community Directorate, Chester City Council, The Forum, Chester, CH1 2HS
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