Trees and landscape

General
Protected trees
Tree work contractors
Trees and development
The Hedgerow Regulations 1997
High hedges
Landscape, biodiversity and development

General

The council’s Planning and Development Service 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.

For general information on protected trees see Department for Communities and Local Government - protected trees .

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 388 kB) and the associated guidance notes (pdf 29 kB)

Tree work contractors

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

Whilst we do 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
Ullenwood Court
Ullenwood
Cheltenham
Gloucestershire
GL53 9QS
Telephone: 01242 522152
Fax: 01242 577766
Email: admin@trees.org.uk

Alternatively see the Aboricultural Association website .

Further guidance is available in their Introduction to tree care advice

Trees and 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 1.04 MB)

Applicants are advised to ensure that they

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.

Should you wish to give the council notice of intent to remove a hedgerow use the hedgerow removal notice (pdf 386 kB)

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 is available from the Department for Communities and Local Government - High Hedges .

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 and guidance note below may be of assistance.

Landscape, biodiversity and 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.