Permission for felling or lopping a tree - Revision history

Designing Buildings at 11:05, 15 February 2021

2021-02-15T11:05:21Z

← Older revision		Revision as of 11:05, 15 February 2021
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	* Trees in conservation areas.		* Trees in conservation areas.

−	[[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Planning_permission]] [[Category:Regulations]] [[Category:Property_development]]	+	[[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Surrey_Hills_AONB]] [[Category:Planning_permission]] [[Category:Regulations]] [[Category:Property_development]]

Designing Buildings at 07:05, 26 November 2020

2020-11-26T07:05:17Z

← Older revision		Revision as of 07:05, 26 November 2020
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	* Trees in conservation areas.		* Trees in conservation areas.

−	[[Category:~~Planning_permission~~]] [[Category:~~Regulations~~]] [[Category:~~DCN_Regulation~~]] [[Category:Property_development]]	+	[[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Planning_permission]] [[Category:Regulations]] [[Category:Property_development]]

Designing Buildings at 14:52, 13 December 2019

2019-12-13T14:52:29Z

← Older revision		Revision as of 14:52, 13 December 2019
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	* Trees in conservation areas.		* Trees in conservation areas.

−	~~= External resources =~~	+	[[Category:Planning_permission]] [[Category:Regulations]] [[Category:DCN_Regulation]] [[Category:Property_development]]
−		+
−	* [~~https~~:~~//www.forestry.gov.uk/england Forestry.gov~~]	+
−		+
−	[[Category:~~Planning_permission~~]] [[Category:~~Regulations~~]] [[Category:Property_development]]	+

Editor at 18:31, 9 September 2019

2019-09-09T18:31:02Z

← Older revision		Revision as of 18:31, 9 September 2019
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	* To undertake duties as a statutory service provider (i.e. gas, water, electricity).		* To undertake duties as a statutory service provider (i.e. gas, water, electricity).

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Ancient woodland.		* Ancient woodland.
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	* Tree rights.		* Tree rights.
	* Tree preservation order.		* Tree preservation order.
		+	* Tree protection during construction.
	* Trees in conservation areas.		* Trees in conservation areas.

−	=== External resources ===	+	= External resources =

	* [https://www.forestry.gov.uk/england Forestry.gov]		* [https://www.forestry.gov.uk/england Forestry.gov]

	[[Category:Planning_permission]] [[Category:Regulations]] [[Category:Property_development]]		[[Category:Planning_permission]] [[Category:Regulations]] [[Category:Property_development]]

Designing Buildings at 10:36, 26 June 2017

2017-06-26T10:36:59Z

← Older revision		Revision as of 10:36, 26 June 2017
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	= Introduction =		= Introduction =

−	Trees can be protected in a number of ways, so it is essential to check their legal status~~<br />~~	+	Trees can be protected in a number of ways, so it is essential to check their legal status
−	and obtaining any necessary permissions before felling or lopping them.	+
		+	and obtaining any necessary permissions before felling or lopping them.

	When granting planning permissions, local planning authorities (LPAs) have a statutory duty to consider the protection and planting of trees, and what effect the proposed development will have. LPAs take into account whether or not the trees are statutorily protected, such as by a Tree Preservation Order (TPO) or by being within a conservation area, or not.		When granting planning permissions, local planning authorities (LPAs) have a statutory duty to consider the protection and planting of trees, and what effect the proposed development will have. LPAs take into account whether or not the trees are statutorily protected, such as by a Tree Preservation Order (TPO) or by being within a conservation area, or not.
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	Tree Preservation Orders (TPOs) are the legal mechanism administered by local authorities to protect and preserve trees. The principal effect of a TPO is to prohibit the cutting down, topping, lopping, uprooting, willful damage to or willful destruction of protected trees or woodlands. This applies to roots as well as stems and branches.		Tree Preservation Orders (TPOs) are the legal mechanism administered by local authorities to protect and preserve trees. The principal effect of a TPO is to prohibit the cutting down, topping, lopping, uprooting, willful damage to or willful destruction of protected trees or woodlands. This applies to roots as well as stems and branches.

−	For more information, see Tree Preservation Order.	+	For more information, see Tree Preservation Order and Definition of tree for planning purposes.
		+
		+	= Conservation area =
		+
		+	If a tree is in a conservation area, proposed cutting down , lopping or topping must be notified to the local authority 6 weeks in advance so that they can consider whether the tree contributes to the character of the conservation area and whether to impose a tree preservation order.

	= Restrictive covenant =		= Restrictive covenant =

Designing Buildings at 10:33, 26 June 2017

2017-06-26T10:33:42Z

← Older revision		Revision as of 10:33, 26 June 2017
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	= Introduction =		= Introduction =

−	Trees can be protected ~~by various means~~, ~~making~~ it essential ~~that the~~ legal status ~~is established~~ and ~~correct permission acquired~~ before ~~carrying out~~ felling or lopping.	+	Trees can be protected in a number of ways, so it is essential to check their legal status<br />
		+	and obtaining any necessary permissions before felling or lopping them.

	When granting planning permissions, local planning authorities (LPAs) have a statutory duty to consider the protection and planting of trees, and what effect the proposed development will have. LPAs take into account whether or not the trees are statutorily protected, such as by a Tree Preservation Order (TPO) or by being within a conservation area, or not.		When granting planning permissions, local planning authorities (LPAs) have a statutory duty to consider the protection and planting of trees, and what effect the proposed development will have. LPAs take into account whether or not the trees are statutorily protected, such as by a Tree Preservation Order (TPO) or by being within a conservation area, or not.

−	If work is carried out on protected trees without proper authorisation, there is the risk of prosecution ~~and action such as fines or a criminal record~~.	+	If work is carried out on protected trees without proper authorisation, there is the risk of prosecution.

	= Tree Preservation Order =		= Tree Preservation Order =
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	= Restrictive covenant =		= Restrictive covenant =

−	A restrictive covenant, is a restriction imposed by a seller of a piece of land that prevents the buyer from using it in a way that could cause harm to land the seller has retained.	+	A restrictive covenant, is a restriction imposed by a seller of a piece of land that prevents the buyer from using it in a way that could cause harm to land the seller has retained. A restrictive covenant can mean the consent of a third party is required prior to carrying out work on trees. This may be the case even if TPO, conservation areas or felling licence regulations do not apply.
−		+
−	~~The~~ consent of a third party ~~may be~~ required prior to carrying out work on trees. This may be the case even if TPO, conservation areas ~~and~~ felling licence regulations do not apply.	+

	For more information, see Restrictive convenant.		For more information, see Restrictive convenant.
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	= Felling licence =		= Felling licence =

−	The Forestry Commission administers felling licences which ~~provide~~ permission for felling and lopping trees. All those involved in tree felling – owner, agent, timber merchant, contractor, and so on – must ensure that a licence has been issued before proceeding.	+	The Forestry Commission administers felling licences which give permission for felling and lopping trees. All those involved in tree felling – owner, agent, timber merchant, contractor, and so on – must ensure that a licence has been issued before proceeding. Felling licences usually contain conditions relating to the felled area being restocked and the trees maintained .

	Irrespective of whether or not a tree is covered by a TPO or conservation area, a felling licence may still be required.		Irrespective of whether or not a tree is covered by a TPO or conservation area, a felling licence may still be required.

−	Felling licences usually contain conditions relating to the felled area being restocked and the trees maintained for a period of no more than 10 years. This is discussed with the applicant before the licence is issued. It is rare for a felling licence to be issued without such a condition being attached.	+	Exemptions include:

−	~~== Exemptions ==~~	+	Location: A licence will not be required for felling trees in the following locations:
−		+
−	~~There are certain exemptions that do not require a felling licence. These include:~~	+
−		+
−	~~===~~ Location ~~===~~	+
−		+
−	A licence will not be required for felling trees in the following locations:	+

	* Private garden.		* Private garden.
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	* Designated open space (such as village greens, public parks and gardens).		* Designated open space (such as village greens, public parks and gardens).

−	~~===~~ Type of ~~tree~~ work ~~===~~	+	Type of work: A licence will not be required for:
−		+
−	A licence will not be required for ~~the following types of tree work~~:	+

	* Lopping – cutting of branches to reduce tree size.		* Lopping – cutting of branches to reduce tree size.
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	* Pollarding – a type of pruning where upper branches are removed so as to produce a dense mass of branches.		* Pollarding – a type of pruning where upper branches are removed so as to produce a dense mass of branches.

−	~~===~~ Volume and diameter ~~===~~	+	Volume and diameter: A licence will not be required for felling less than 5 m3 in a calendar quarter.
−		+
−	A licence will not be required for felling less than 5 m3 in a calendar quarter.	+

	A licence will not be required for trees with the following diameters (when measured 1.3 m from the ground):		A licence will not be required for trees with the following diameters (when measured 1.3 m from the ground):
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	* 15 cm or less for cutting coppice.		* 15 cm or less for cutting coppice.

−	~~===~~ Other permissions ~~===~~	+	Other permissions: A licence will not be required if permission has already been obtained, either under an approved Dedication Scheme plan, or granted under the Town and Country Planning Act.
−		+
−	A licence will not be required if permission has already been obtained, either under an approved Dedication Scheme plan, or granted under the Town and Country Planning Act.	+
−		+
−	~~=== Legal and statutory requirements ===~~	+

−	A licence will not be required in the following circumstances:	+	Legal and statutory requirements: A licence will not be required in the following circumstances:

	* Where the tree is dangerous or causing a nuisance.		* Where the tree is dangerous or causing a nuisance.

Editor at 12:05, 21 June 2017

2017-06-21T12:05:47Z

← Older revision		Revision as of 12:05, 21 June 2017
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	* Ancient woodland.		* Ancient woodland.
	* Conservation Area.		* Conservation Area.
−	* Definition of a tree for planning purposes.	+	* [[Definition_of_tree_for_planning_purposes\|Definition of a tree for planning purposes]].
	* Forest ownership.		* Forest ownership.
	* Site of Special Scientific Interest.		* Site of Special Scientific Interest.

Editor: Created page with "= Introduction = Trees can be protected by various means, making it essential that the legal status is established and correct permission acquired before carrying out felling or..."

2017-06-21T12:05:17Z

Created page with "= Introduction = Trees can be protected by various means, making it essential that the legal status is established and correct permission acquired before carrying out felling or..."

New page

= Introduction =

Trees can be protected by various means, making it essential that the legal status is established and correct permission acquired before carrying out felling or lopping.

When granting planning permissions, local planning authorities (LPAs) have a statutory duty to consider the protection and planting of trees, and what effect the proposed development will have. LPAs take into account whether or not the trees are statutorily protected, such as by a Tree Preservation Order (TPO) or by being within a conservation area, or not.

If work is carried out on protected trees without proper authorisation, there is the risk of prosecution and action such as fines or a criminal record.

= Tree Preservation Order =

Tree Preservation Orders (TPOs) are the legal mechanism administered by local authorities to protect and preserve trees. The principal effect of a TPO is to prohibit the cutting down, topping, lopping, uprooting, willful damage to or willful destruction of protected trees or woodlands. This applies to roots as well as stems and branches.

For more information, see Tree Preservation Order.

= Restrictive covenant =

A restrictive covenant, is a restriction imposed by a seller of a piece of land that prevents the buyer from using it in a way that could cause harm to land the seller has retained.

The consent of a third party may be required prior to carrying out work on trees. This may be the case even if TPO, conservation areas and felling licence regulations do not apply.

For more information, see Restrictive convenant.

= Felling licence =

The Forestry Commission administers felling licences which provide permission for felling and lopping trees. All those involved in tree felling – owner, agent, timber merchant, contractor, and so on – must ensure that a licence has been issued before proceeding.

Irrespective of whether or not a tree is covered by a TPO or conservation area, a felling licence may still be required.

Felling licences usually contain conditions relating to the felled area being restocked and the trees maintained for a period of no more than 10 years. This is discussed with the applicant before the licence is issued. It is rare for a felling licence to be issued without such a condition being attached.

== Exemptions ==

There are certain exemptions that do not require a felling licence. These include:

=== Location ===

A licence will not be required for felling trees in the following locations:

* Private garden.
* Orchard.
* Churchyard.
* Designated open space (such as village greens, public parks and gardens).

=== Type of tree work ===

A licence will not be required for the following types of tree work:

* Lopping – cutting of branches to reduce tree size.
* Topping – removing whole tops of trees or large branches/trunks from tops of trees.
* Pruning – removing certain parts of the tree.
* Pollarding – a type of pruning where upper branches are removed so as to produce a dense mass of branches.

=== Volume and diameter ===

A licence will not be required for felling less than 5 m3 in a calendar quarter.

A licence will not be required for trees with the following diameters (when measured 1.3 m from the ground):

* 8 cm or less.
* 10 cm or less for thinnings.
* 15 cm or less for cutting coppice.

=== Other permissions ===

A licence will not be required if permission has already been obtained, either under an approved Dedication Scheme plan, or granted under the Town and Country Planning Act.

=== Legal and statutory requirements ===

A licence will not be required in the following circumstances:

* Where the tree is dangerous or causing a nuisance.
* In order to prevent the spread of a pest or disease.
* To comply with an Act of Parliament.
* To undertake duties as a statutory service provider (i.e. gas, water, electricity).

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Ancient woodland.
* Conservation Area.
* Definition of a tree for planning purposes.
* Forest ownership.
* Site of Special Scientific Interest.
* Tree rights.
* Tree preservation order.
* Trees in conservation areas.

=== External resources ===

* [https://www.forestry.gov.uk/england Forestry.gov]

[[Category:Planning_permission]] [[Category:Regulations]] [[Category:Property_development]]