Trees and Landscape

General:
Protected Trees:
Tree Work Contractors:
Trees & Development:
The Hedgerow Regulations 1997:
High Hedges:
Landscape, Biodiversity & Development:
Who To Contact:


General:

The Council’s Planning & Development Services Section deal with many issues relating to trees and landscape on land in private ownership but;

Protected Trees:

There are essentially two ways in which the Council may have some control over works to trees on private property. The Council may become involved either when trees are subject to a Tree Preservation Order or when trees are situated within a Conservation Area.

It is important to gain consent from the Council before working on or close to protected trees as anyone who, in contravention of a Tree Preservation Order or Conservation Area designation, cuts down, uproots, wilfully destroys, tops, lops, or wilfully damages a tree is guilty of an offence, and, that anyone found guilty of this offence is liable, if convicted in the Magistrates’ Court, to a fine of up to £20,000. In serious cases a person may be committed to trial in the Crown Court and, if convicted, is liable to an unlimited fine.

General information on protected trees is available on the Department for Communities and Local Government - protected trees web pages.

If you wish to find out if your property or specific trees are affect by a Tree Preservation Order or Conservation Area Designation you should contact the Council's Landscape & Countryside Officer.

Should you wish to apply for consent to carry out works to trees subject of a Tree Preservation Order or give notice of intent to carry out works to trees within a Conservation Area please use the Application for Tree Works (pdf 388kb)

Tree Work Contractors:

If you are intending to undertake tree works the Council advise that it would be prudent to first seek the advice of a competent arboricultural contractor or consultant.

Whilst the Council does not recommend or assess any individuals or companies it does recognise the Arboricultural Association Approved Contractor and Registered Consultant schemes as being the best way of assuring the professional competence of contractors and consultants engaged in tree work.

Details of Arboricultural Association Approved Contractors and Registered Consultants can be obtained from:

The Arboricultural Association            Tel. 01794 368717
Ampfield House                                  Fax. 01794 368978
Ampfield                                             Email. admin@trees.org.uk
Romsey
Hants
SO51 9PA

Alternatively a list of Arboricultural Association Approved Contractors and Registered Consultants is available online on the Aboricultural Association web site.

Further guidance is available in the leaflet Tree Work – Choosing your arborist

Trees & Development:

The Council has a legal obligation to ensure that due consideration is given to existing trees when determining planning applications, and to this end require that whenever trees or hedges are on or adjacent to a proposed development site details must be submitted in accordance with BS5837:2005 Trees in relation to construction – Recommendations.

BS5837:2005 A Design Tool (pdf 1.04Mb)

Applicants are advised to ensure that they

A Supplementary Planning Document on Trees & Development will be available in the near future, but in the mean time, should you wish to discuss any development proposals that may affect existing trees you are advised to contact the Council's Landscape & Countryside Officer.

The Hedgerow Regulations 1997:

Hedgerows are protected by the Hedgerows Regulations 1997. Under the regulations, it is against the law to remove or destroy certain hedgerows without permission from the Council.

The Hedgerow Regulations – Your questions answered provides basic advice on the regulations and further information is available from DEFRA .

Should you wish to give the Council notice of intent to remove a hedgerow the form below may be of assistance;

Hedgerow Removal Notice (pdf 36kb)


High Hedges:

The right hedge can be an ideal garden boundary but the wrong hedge may bring problems.

Under Part 8 of the Anti-social Behaviour Act 2003 the Council can, as a last resort, become involved in determining complaints about high hedges.

More detailed guidance on High Hedges can be found on the relevant Department for Communities and Local Government - High Hedges .web pages

If, having reviewed all of this guidance and having taken all reasonable steps to resolve the dispute yourself, you may wish to make a formal complaint to the Council and the form below may be of assistance.

High Hedges Complaint Form (pdf 42kb)

Landscape, Biodiversity & Development:

The Council, in determining planning applications, will seek to protect and enhance distinctive landscape character and ecological biodiversity, mitigate or compensate for any unavoidable adverse impacts and to seek the provision of new benefits in association with development.