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Trees and Hedgerows

Local planning authorities have specific powers to protect trees by making Tree Preservation Orders (Town and Country Planning Act 1990 (in particular sections 197-214 as amended). Special provisions also apply to trees within Conservation Areas. Tree Preservation Orders can be made in both urban and rural areas with the aim of protecting and preserving trees for public enjoyment and maintaining, an areas character.

Tree Preservation orders

What is a Tree Preservation Order?

This is an order made by the Council, which makes it an offence to cut down, top, lop or uproot. It also makes it an offence to wilfully damage or destroy a tree without the permission of the local planning authority.

What is the purpose of a Tree Preservation Order?

To protect trees for the public’s enjoyment and to preserve the character and amenity of an area.

What types of trees are covered by a Tree Preservation Order?

There is no specific type of tree that is protected. Orders do not cover hedges, brushes or shrubs. A Tree Preservation Order may protect a single tree or even in a whole woodland.

How can I find out whether a tree has a preservation order?

The planning department will undertake an official search on your behalf.

There are trees that I think should be protected, what can I do?

Contact us, giving us the details of the trees and the reasons why you think they should be protected. The Tree Officer will then undertake a site visit and assess the trees accordingly.

Does a Tree Preservation Order come into effect immediately?

If the Council chooses so then, yes, an order can become effective immediately and will continue so for six months or until the order is confirmed. If a Tree Preservation Order is made on your property the Council will write to you and other interested parties serving notice of the making of the order. The Council will also leave a copy of the order at a convenient place for public inspection.

Is there a right to object to, or express support for, a tree preservation order?

If anyone wants to object to or support a Tree Preservation Order, then contact the Council’s Tree Officer (01909 533396) within four weeks from the serving date explaining your views and providing details of the relevant trees. The Council will take all comments into account when it decides whether to confirm the order.

What if I want to do work to a protected tree?

Please complete a works to protected trees application form.

What happens if I cut down a protected tree without permission from the local authority?

It is an offence to undertake any works to a protected tree without permission, There are severe consequences for any works that are carried out, You could be fined up to £20,000 (per tree) or be liable for an unlimited fine. In determining the amount of the fine, the court would take into account the actual, or likely, 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.

NOTE: The Council is not responsible for any protected trees unless they are on Council owned land.

Trees in Conservation Areas

Trees located within a Conservation Area also have to be protected and managed, as they are considered important and add character to a specific Area. For a complete list of Conservation Areas please go to Conservation and Heritage.

Why are trees in a Conservation Area protected?

Trees within Conservation Areas are protected so the character and identity of the Conservation Area is preserved for future generations.

Do I need permission to cut, lop or top trees in a Conservation Area?

Yes. Please fill in the application form and return it to us or sumbit your application electronically through the Planning Portal. Please contact Planning Services is you require a hard copy.

Form ID 031. Application for tree works: Works to Trees Subject to a Tree Preservation Order (TPO) and/or Notification of Proposed Works to Trees in Conservation Areas (CA).

Form Guidance Note

How long will it take before I find out whether I can do the proposed works to my tree?

Under section 211 of the Listed Buildings and Conservation Areas Act 1990, anyone proposing to cut down or carry out works to a tree in a conservation area is required to give the local authority six weeks notice to assess the application. If the local authority has not responded after the six-week period then you may go ahead with the proposed works.

Is this service free?

Yes, there is no charge when submitting the application form to the Council and the Council will give free advice to anyone who has a general tree inquiry.

Do Tree Preservation Orders occur within Conservation Areas?

Yes, Tree Preservation Orders can exist within Conservation Areas.

What happens if I do works to a tree within a Conservation Area without permission?

Anyone who cuts down, uproots, tops, lops or wilfully damages a tree in a Conservation Area may have committed an offence. The penalties are the same for those contravening a Tree Preservation Order. The maximum fine in a magistrate’s court are £20,000 for destroying a tree and £2,500 for works carried out without consent.

Hedges and High Hedges

Hedges within urban areas, which includes gardens, are not protected. A Tree Preservation Order can, however, cover certain trees within hedges.

Are hedges in the countryside protected?

Some hedges within the countryside can be classed as being of historical or ecological interest and permission is required for their removal.

How can I find out whether my hedge is an ancient hedgerow?

Contact the Tree Officer at the Council on 01909 533396. A request for information will be submitted to the County Archaeologist on your behalf.

Can the Council become involved in a neighbour dispute?

Involving the Council should be a last resort. If the dispute is over private land then there is little the Council can do until a number of procedures have been followed. The Council will send out a booklet to both sides involved in the dispute and will request evidence that the procedures have been undertaken.

If the disputed hedge is situated on Council owned land then the concerned persons can formally complain to the Council about the problem. This will mean completing a complaints form and returning it to Planning Services.

What should I do before I contact the Council?

Before you contact the Council, you should have tried the following:

Have a quiet word with your neighbour about your concerns
Follow this by sitting down with them so that you can get a better understanding of each other’s concerns and to reach a satisfactory solution.
If this does not work, invite them to talk to independent mediators who can help you find the way forward.

If you and your neighbour are not talking to one another then send a polite letter. It won’t be enough to say that your neighbour is not approachable.

How long do I have to wait for the Council to decide my complaint?

There is no set deadline for the Council to decide your complaint. Remember, it will take time for them to get a statement from your neighbour and to arrange to visit the site. You should anticipate a period of up to 12 weeks.

Do I have to pay the Council to consider my complaint? If so, how much?

Yes, there is a charge for this service, currently £300. There are, however, possible reductions for people who are on low incomes and benefits.

Contact us

For further assistance regarding guidance and information on trees and hedges telephone Mr John Whittles on 01909 533396 or email him at john.whittles@bassetlaw.gov.uk